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(영문) 의정부지방법원 2013.06.21 2012고단3161

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 15, 2013, the Defendant was sentenced to a suspended sentence of three months of imprisonment for fraud at the Suwon District Court on May 15, 2013 and the said judgment became final and conclusive on May 23, 2013.

[2012 Highest 3161] On December 17, 2012, the Defendant, at the 'E of the operation of the victim D' in Mac-si, Mac-si, Mac-si, Mac-si, Mac-si, Mac-si, Mac-si, Mac-si, Mac-si, Mac-si.

However, the above facts did not have the intent and ability to pay the price even if they are potable and food.

The Defendant, by deceiving the victim as such, was provided with alcohol and food equivalent to KRW 48,00,00, in total, from the victim.

[2012 Highest 3214] On November 28, 2012, the Defendant sent the same attitude to pay the amount to the victim at the “H” restaurant of the victim G operation in the Nam-gu Incheon Metropolitan City, Incheon, and ordered smallest 2 chapters, 1,000 c, etc.

However, the above facts did not have the intent and ability to pay the price even if they are potable and food.

The Defendant, by deceiving the victim as such, was provided with alcohol and food equivalent to 26,500 won in total by the victim.

[2013Kadan295] On December 25, 2012, the Defendant issued orders for food of 23,000 won (3,000 won), such as 1 disease (3,000 won), 2 cata (17,000 won), cata cata (3,000 won), and cata (3,000 won).

Summary of Evidence

1. Defendant's legal statement;

1. Written Statements (D, G, J);

1. A written request and each receipt;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (attaching a written judgment and a fixed date) and 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 37 of the Criminal Code among concurrent crimes.