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(영문) 대전지방법원 공주지원 2017.12.01 2017고단350

사기

Text

A person shall be punished by imprisonment with prison labor for one month for a crime set forth in the holding of the defendant, or for two or three months for a crime set forth in the holding of the defendant.

Reasons

Punishment of the crime

[2] On July 14, 2016, the Defendant was sentenced to a suspension of the execution of imprisonment with labor for fraud at the Daegu District Court for six months on July 14, 2016, and the judgment became final and conclusive on July 22, 2016. On January 13, 2017, the former District Court rendered a sentence of imprisonment with labor for six months and a fine of three million won on May 19, 2017, and the execution of the sentence was terminated on April 25, 2017.

[Criminal facts]

1. On April 28, 2017, the Defendant, at around 20:50 on a hotel administered by the victim PP located in a Gunsan-si (O), committed an act with the victim as if he/she did not have the intent or ability to pay the hotel accommodation expenses, etc., and went away without paying the following charges.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 160,000 won, which is the sum of hotel accommodation expenses and school meal expenses.

2. On June 5, 2017, at around 09:30 on June 5, 2017, the Defendant ordered soup and making soup, as if the Defendant did not have the intent or ability to pay soup fees and food costs, and would be able to pay the price, etc., in a soup and making soup.

Accordingly, the Defendant acquired property benefits equivalent to 27,000 won, which is the sum of soup fees and food costs by deceiving the victim.

3. On June 17, 2017, the Defendant: (a) committed a criminal act in a Moel operated by the victim R, who was located in the Daejeon Sung-gu Q, as if the Defendant did not have the intent or ability to pay for the expenses for accommodation of the Moel; and (b) went away without paying the said expenses, as if the Defendant did not have the intent or ability to pay the said expenses.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 35,000 won of accommodation expenses by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Prosecutions against the Defendant.