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(영문) 제주지방법원 2018.07.09 2017고단2977

사기

Text

A defendant shall be punished by imprisonment with prison labor 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

【Criminal Records of Crimes】 On August 10, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of road traffic laws at the Jeju District Court on August 10, 2016, and the judgment becomes final and conclusive on August 18, 2016, and is currently under probation period.

【Criminal facts” in the “E” restaurant operated by the victim D(47 tax) in Jeju-si on January 31, 2015, the Defendant paid the victim meal costs every 15 days if he/she offered meals to the people of the construction site in which he/she works in Korea.

The phrase “ makes a false statement.”

However, the defendant did not have an intention or ability to pay to the victim on the day the defendant promised to pay the meal cost to the members of the construction site.

Defendant deceiving the victim as above, and had the victims from March 3, 2015 to April 15, 2015 receive food equivalent to KRW 2,090,00 of the total meal cost from the above “E” restaurant on 54 occasions from the victim to April 15, 2015, and acquired pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of a transaction;

1. Investigation report (F telephone conversations);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1) (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 201)