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(영문) 창원지방법원 거창지원 2017.08.09 2017고단89

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 13, 2016, the Defendant: (a) around 21:20 around 21:20 on December 13, 2016, at the E main station operated by the victim D, the Defendant acquired property benefits by failing to pay the victim a sum of KRW 1.80,000,000 after he/she was provided with alcohol, alcohol, and entertainment from the victim to the victim, namely, by failing to pay the victim a sum of 1.80,000,000 won after he/she was provided with alcohol, alcohol, and entertainment from the victim.

2. On March 2, 2017, the Defendant, at around 23:10 on March 2, 2017, committed the crime: (a) around 23:10, in the H main place operated by the Defendant G, the Defendant acquired pecuniary profits by failing to pay the victim a sum of 4:40,00 won after receiving alcohol, alcohol, and entertainment visitors from the victim, namely, he/she was provided by the victim, who had no intent or ability to pay the price even if he/she orders alcohol and alcohol; and (b) inducing the victim to pay the price despite the absence of intent or ability to pay the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Each invoice;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;