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(영문) 수원지방법원 성남지원 2019.05.22 2019고단465

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around May 2016, the Defendant stated “E” in the written indictment of the Victim C in Seongbuk-gu, Sungnam-gu, Sungnam-gu, as the victim stated “E,” but based on the complaint (in the face of No. 2) and the police statement of F (in the face of No. 22 of the evidence record), E is only a witness stated in the written complaint (in the face of No. 9 of the evidence record), and the victim appears to be C.

Since there is no substantial disadvantage in the defendant's defense, it shall be corrected ex officio.

In this operation, "the meals of the previous reporters will be paid every month" to the victim during the meal service with the shots accompanying the same reporters. The meals of the previous reporters will be changed to the food on credit to those who have come from home and abroad. The internal food would be paid all times a month."

However, the defendant did not have the ability or will to pay the food as promised to the victim because of economic difficulties such as there was no certain income at the time.

Nevertheless, the Defendant, by deceiving the victim as above and being provided food equivalent to KRW 32,00 from the victim around May 20, 2016, and from around that time to July 21, 2017, received food equivalent to KRW 28,416,00 in total over 762 times, as described in the separate crime list, from around that time.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by the defendant

1. The police statement concerning F;

1. A copy of a statement of payment;

1. A book;

1. Investigation report (suspect's family relationship and confirmation of credit information);

1. Application of Acts and subordinate statutes to investigation reports (G telephone conversations), investigation reports (G children and telephone details);

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

1. Of concurrent crimes, the defendant's reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act against the victim for a long time.