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(영문) 대전지방법원 2016.10.06 2016고단715

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 20, 2016, the Defendant ordered the Victim C to pay the amount of money in the “E” operated by the Victim C in Seo-gu Daejeon, Seo-gu, Daejeon, and the Defendant ordered the Victim C to pay the amount of money.

However, the defendant did not have the intention or ability to pay the price.

The Defendant, as above, by deceiving the victim, received from the victim the delivery of the Defendant’s net boomed rice with a total of KRW 9,00,00 in the market price, and one disease per week.

2. Around 20:40 on January 20, 2016, the Defendant insultd the victim by openly insulting the victim by 15 minutes, such as “the victim F, who was dispatched after having received 112 report on the above act by the Defendant, to the effect that “the victim F, who paid the food value and returned home,” was “the victim F, who was dispatched to the Defendant after having received 112 report on the above act by the Defendant,” and when the victim C and his employees G are in compliance with the above C and his employees.

3. On February 11, 2016, the Defendant ordered the Victim H to pay money in the “J” operated by the Victim H in Seo-gu Daejeon, Seo-gu, Daejeon, that he would pay the money, and issued an order of 1 disease of salt and so forth.

However, the defendant did not have the intention or ability to pay the price.

The Defendant, as above, by deceiving the victim, received from the victim the delivery of 13,000 won in total of market prices and 1 disease per week.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C, F, and H;

1. Reporting on the arrest of a case;

1. A report on internal investigation:

1. A complaint;

1. Application of an invoice statute;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud, Selection of Imprisonment and Selection of Imprisonment) concerning facts constituting an offense, and Article 311 of the Criminal Act;

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