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(영문) 대전지방법원 2019.10.17 2018고단4041

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 23, 2017, around 17:00, the Defendant: (a) at the “D” store located in the Busan Shipping Daegu B, Busan; (b) the Defendant did not have any occupation at the time; and (c) the Defendant did not have an intent or ability to pay for the purchase of clothing, etc., even if he purchased clothing, etc. with the physical card connected to the said account because there was no balance in the account in the time; and (d) the Defendant was issued the said clothing by the victim, who was an employee of the said store, to purchase the clothing, etc. at the store and five points, without an intention or ability to pay for the purchase. In order to settle the price of KRW 1,115,00,00, the Defendant presented the physical card of the new bank to the victim E, who is an employee of the said store, and submitted it to the date of settlement. The Defendant received the said clothing from the victim.

In addition, the Defendant received property worth KRW 4,434,00 on three occasions in total, as shown in the list of crimes in the attached Table, from that time by November 12, 2017, from that time by the foregoing method.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning the sales ledger, the contents ofF dialogue;

1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act that applies to criminal facts, the choice of punishment, and the choice of imprisonment (Consideration of the same kind of crime records, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of losses, agreement, etc.);