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(영문) 대구지방법원 서부지원 2018.10.12 2017고단3070

사기등

Text

A defendant shall be punished by imprisonment for four 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

1. On November 21, 2017, the Defendant: (a) 03:30 on November 21, 2017, the Defendant: (b) committed an act as if the Defendant would pay the price to the victim at a potato restaurant in Daegu Seo-gu, Seo-gu; and (c) ordered the State of

However, the defendant did not have the intention or ability to pay the price because there was no cash or credit card in possession at the time.

The Defendant, as such, by deceiving the victim, was provided with an aggregate of 11,000 won in the 1st century by one week from the injured party.

2. The Defendant, at the time, at the place specified in the above 1. Paragraph (1) above, was unable to avoid disturbance for about 20 minutes by: (a) the Defendant: (b) ordered food as stated in the above 1. Paragraph (1) at the place; and (c) the victim discovered it on the floor; (b) “the bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bit

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Application of the receipt statute

1. Article 347(1) of the Criminal Act applicable to the crime, Article 314(1) of the Criminal Act, and Article 314(1) of the Criminal Act, and the choice of imprisonment, respectively, concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include: (a) the Defendant’s erroneous recognition of and against his/her misconduct; (b) the victim and the restaurant’s owner want not to have the Defendant punished; (c) the victim and the restaurant’s owner want not to have the Defendant punished; (d) the damage is relatively minor; and (e) the Defendant’s economic situation and health status are not good (the recipient of daily life is being hospitalized with alcohol, etc.); (c) details of the crime; (d) the degree of the crime; and (e) the record of the crime, etc.