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(영문) 광주지방법원 순천지원 2014.11.21 2014고단1708

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around 14:00 on September 24, 2014, the Defendant ordered food and alcohol as if he would pay the value of food, although he did not have the intent or ability to pay the price at the E-cafeteria operated by the victim D in the 14:00 net City C.

The Defendant, as such, by deceiving the victim, was provided with the victim with a total amount of KRW 214,00,000 from the market price of KRW 214,00,00, and received food, etc. in total amount of KRW 970,000 from the time to October 6, 2014, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant was provided property by deceiving the victims.

On August 24, 2014, the Defendant ordered alcohol, alcohol, and alcohol, etc. three times to the victim G operated by the victim G in Thai City from around 03:00 to around 12:00 on August 25, 2014, “H”, which was operated by the victim G in Thai City F, without any intent or ability to pay the drinking value in an entertainment drinking club, was paid to the victim as he would pay the drinking value.

As above, the Defendant, by deceiving the victim, was provided by the victim with alcoholic beverage, alcoholic beverage, and alcoholic beverage services worth KRW 3290,000,000 in total, from August 26, 2014 to October 06, 200.

Accordingly, the defendant acquired property or property benefits by deceiving the victim.

Summary of Evidence

[2014 Highest 1708]

1. Defendant's legal statement;

1. Each police statement made to I, D, and J;

1. A statement prepared by K;

1. Each receipt [2014 Highest 1813]

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes of Part III of a copy of business account book and a simplified account statement;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts (the point of fraud);

1. Selection of imprisonment with prison labor chosen;

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 on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act (the scope of recommendations) of probation, community service, and order to attend lectures.