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(영문) 청주지방법원 2015.02.12 2014고단1874

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 21:00 on December 11, 2014, the Defendant issued an order for alcohol and alcohol to the victim as if he did not have any income due to the absence of a certain occupation, and even if he did not have any money in his possession, he did not have any intention or ability to pay the price even if he did not have any intention or ability to pay the price.

The Defendant received from the victim, namely, three illnesss in the face value of KRW 11,00 in the market price of KRW 11,00 in the face value of the Defendant, and from November 29, 2014 to December 11, 2014, the Defendant was provided with alcohol and alcohol equivalent to KRW 211,00 in the same manner as indicated in the list of crimes in attached Table eight times from November 29, 201 to December 201.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A statement in the F Preparation, a receipt (No. 13) and a statement in the G Preparation;

1. A statement, receipt (No. 17 No.);

1. A statement and a receipt (No. 25 No. 5 of the evidence list) prepared by the I;

1. A report on damage filed by the J and a receipt (No. 28 No. 5 of the evidence list);

1. Statement of statement to K and receipt (No. 32 No. 5 of the evidence list);

1. Statement of the police concerning L, receipt (No. 35 No. 5 of the evidence list);

1. Written statements and receipts (No. 37 No. 5 of the evidence list);

1. Application of the written statements, receipts (Evidence No. 4) and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant repeats the crime of drinking and drinking, without the ability to pay the price, despite the record of notification given several times due to the same kind of crime for sentencing in Article 62-2 of the Criminal Act.