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(영문) 수원지방법원 성남지원 2017.09.08 2017고단2009

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 20, 2017, around 20:56, the Defendant entered the amended building of Sungnam City, and the “E” entertainment center operated by the victim D in the third floor, and ordered beer, etc., when having done as if he would pay the alcohol value to the victim properly.

However, there was no intention or ability to pay the drinking value due to the lack of money.

The Defendant, as such, by deceiving the victim, was provided with alcoholic beverages equivalent to KRW 208,00,00, such as one alcoholic beverage and two bottle of drinking water, at the same time, from the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The detailed statement of alcohol and alcohol, etc. taken by the person under consideration, and the application of Acts and subordinate statutes on site photographs;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence was punished by a fine for larceny, etc. four times since 2016, and in particular, the same crime was committed on June 2017.

However, the amount of fraud is not so big and there is no record of the crime exceeding the fine of the defendant, the defendant is arrested as the crime of this case and is against the mistake while living a prison life for more than one month, and he does not keep the defendant from committing the crime again.

The punishment as ordered shall be determined by comprehensively taking into account the defendant's age, motive and circumstances of the crime, and other various sentencing conditions.