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(영문) 의정부지방법원 2018.08.30 2017고단669

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On September 28, 2016, the Defendant: (a) around 17:00 on September 28, 2016, the Defendant: (b) committed so as to pay the amount of food to the victim in a restaurant (E) and took an order of alcohol and alcohol as if he would pay the amount of food to the victim; and (c) exempted the payment of the amount of money equivalent to KRW 32,000 from paying the said amount of money.

2. On November 8, 2016, around 15:45, the Defendant acquired financial benefits equivalent to the amount of the taxi fee by removing the payment of 17,360 won of the taxi fee from paying 17,360 won of the taxi fee on the front side of the second apartment complex in Yan-gu, Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-do, Seoyang-do, Seoul, with no intent or ability to pay the taxi fee, as if he were to pay the taxi fee, and as if he were to pay the taxi fee, he did so.

3. On November 10, 2016, the Defendant: (a) around 16:00 on the Namyang-si, the victim I, located in H, performed as if he had no intent or ability to pay the amount of food to the victim in a restaurant; (b) was aware of the fact that he would pay the amount of food to the victim; and (c) was exempted from paying the amount equivalent to 12,000 won of the said amount of money.

4. On November 11, 2016, the Defendant: (a) around 18:00 on the Namyang-si, K, 102, the Victim L, operated by the victim L, who is located in K and 102, had no intent or ability to pay the charge to the victim; (b) made an objection as if he were to pay the charge to the victim; and (c) prevented the Defendant from paying the charge amount equivalent to KRW 11,00,000; and (d) acquired financial benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, I, N, and L;

1. Application of the Acts and subordinate statutes to receipts, and photographs damaged by each type of dancing;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. The scope of punishment recommended on the sentencing criteria; and