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(영문) 인천지방법원 2017.01.11 2016고단1836

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

around 08:00 on January 9, 2016, the Defendant ordered food and singing services, such as beer 20 C, beer 20 C, beer 10 C, and Han A, as if the Defendant would normally pay the price, and requested women to be well-known.

However, the defendant did not have money, so even if he received the above food and service from the injured party, he did not have the intent or ability to pay the price and service fee.

Nevertheless, the Defendant: (a) deceiving the victim and provided the victim with an alcoholic beverage of KRW 170,00,00 from the victim; (b) provided the 75,000 services for singing room and women equivalent to KRW 90,000 as well as the 90,000 as well as the 335,000 as well as the 335,000 as well as the 335,000 as a result of the investigation of evidence; and (c) thereby, (d) obtained the pecuniary benefits equivalent to the above amount (the 3,5

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the receipt statute

1. Relevant legal provisions regarding criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the reason for sentencing of punishment of imprisonment is that the defendant committed a second offense during the current suspended execution and protection observation period, and there is also a record of being sentenced to a summary order by larceny during the same period.

Therefore, a sentence corresponding to the defendant's attitude of law is sentenced.

In determining the term of punishment, the amount of defraudation is relatively small, and the defendant recognized and reflected the crime at the police stage.