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(영문) 수원지방법원 평택지원 2014.11.28 2014고단964

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

around 00:20 on July 12, 2014, the Defendant, “2014 Highest 964, the Defendant,” by deceiving the victim by means of alcohol and alcohol ordering as if he/she did not have the intent or ability to pay the price, and received a total of 5.20,000 won from the victim as if he/she did not have the intention or ability to pay the price.

Accordingly, the defendant acquired property by deceiving the victim.

The Defendant, around 00:30 on July 16, 2014, at the “H operated by the victim G in Pyeongtaek-si F, the Defendant: (a) committed an act as if he did not have the intent or ability to pay the price even if he/she orders alcoholic beverages, etc.; (b) by deceiving the victim; and (c) was provided with alcoholic beverages and eggs equivalent to KRW 1,910,000 from the victim; and (d) did not pay 540,000,000 for the use of the contact loan service, and acquired pecuniary benefits equivalent to the said amount.

Accordingly, the defendant deceivings the victim and acquired property or pecuniary benefits equivalent to 2,450,000 won in total.

On October 6, 2014, the Defendant: “K” operated by the Victim J in Pyeongtaek-si on October 6, 2014; and was provided with alcoholic beverages and liquor equivalent to KRW 340,000 by deceiving the victim while acting as if he did not have the intent or ability to pay the price despite the order of alcoholic beverages.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

[2014 Highest 964]

1. Defendant's legal statement;

1. C’s statement;

1. Receipts (2014 Highest 1245);

1. Defendant's legal statement;

1. Lritten statements;

1. A receipt [2014 Highest 1436]

1. Defendant's legal statement;

1. Written Statement;

1. Application of receipts, on-site photographs statutes;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.