beta
(영문) 대전지방법원 서산지원 2019.08.29 2019고단217

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

1. On February 12, 2019, the Defendant, against the victim B, committed the act as if he did not have the ability or intent to pay the drinking value in a normal way even though he did not have the ability or intent to pay the drinking value, and by deceiving the victim, he was issued a alcohol and food equivalent to KRW 360,000 at the market price by the victim.

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

2. On February 12, 2019, the Defendant, against the victim E, committed an act as if he did not have the ability or intent to pay the drinking value in a normal manner, as stated in the “G” operated by the victim in Seocho-si F around 22:00, and by deceiving the victim, the Defendant was issued one disease of two weeks in the amount equivalent to KRW 300,000 in the market value of the victim, which was issued by the victim.

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

3. On February 13, 2019, the Defendant against the victim H was under the “J” of the victim’s operation in Seocho-si, Busan-si, as of February 13, 2019, and was committed as if he did not have the ability or intent to pay the drinking value, and had the victim induced the victim to pay the drinking value in a normal manner, and was issued one disease of two hundred forty thousand won per the market price by deceiving the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared by B, E, K, and H;

1. Receipts (GF), receipts (JF);

1. Application of statutes on site photographs;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the same Act concerning the selection of punishment;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation has repeatedly committed each of the crimes of this case during the period of probation for the same crime, and has been punished several times as fines even before.