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(영문) 서울중앙지방법원 2019.09.06 2019고단866

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 25, 2019, the Defendant was sentenced to five years of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on July 19, 2019, and the said judgment became final and conclusive as it is

【Criminal Facts】

The Defendant, around January 3, 2018, at “C entertainment tavern” located in Gangnam-gu Seoul, Seoul, partially rhymizing the facts charged with the Defendant’s assertion and its corresponding legal statements with the victim D, who is the head of the entertainment drinking club, through Mack E, who is the head of the business office.

The term "F" is the representative of the domestic company "F", and it is a large number of business teas. First of all, it is false that the alcohol, food, etc. will be settled at the high-pollution level.

However, the defendant was not the representative of the construction company, and there was no income or property, and there was no intention or ability to pay the price even if he received alcoholic beverages and services from the victim because the defendant did not have any income or property.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received a total of 31,750,000 won from January 3, 2018 to March 8, 2018, as shown in the list of crimes in attached Table 12 times from around January 3, 2018, as well as from March 8, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness D and E;

1. A copy of an alcoholic beverage value receipt, a copy of a name tag, and a full certificate of registered matters;

1. Previouss before and after judgments: Criminal history records, inquiry reports, confirmation of a case under trial), judgment, application of Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code) provides that the defendant agrees not to pay the drinking value to E and E, who is a marina of the instant drinking house.