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(영문) 대전지방법원 서산지원 2013.04.26 2012고단1063

사기등

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

1. Around 17:00 on March 20, 2012, the Defendant: (a) within the “E” convenience store operated by Seodaemun-gu Seoul Metropolitan Government C Victim D (Y, 51 years of age); (b) under the influence of alcohol, the Defendant: (c) obtained pecuniary benefits equivalent to KRW 16,150,00 in total amount of KRW 16,150 in a total amount of 111 times as indicated in the list of crimes, in a manner that, while drunk, fluencing the instant victim, fluencing the fluent value of a fluor, and fluencing the fluencing value of a fluor; (d) fluencing the fluent value of a fluor; and (e) flucing the fluencing volume of a fluorc.

2. 사기 피고인은, 사실 음식을 제공받더라도 음식값을 지불할 의사나 능력이 없음에도, 2012. 5. 30. 16:00경 서울 서대문구 F 2층 피해자 G이 운영하는 ‘H’ 안에서, 마치 음식값을 지불할 것처럼 4,500원 상당의 짬뽕밥을 주문한 후 이에 속은 위 피해자로부터 짬뽕밥을 제공받고도 음식값을 지불하지 아니하여 동액 상당의 재산상 이익을 취득하였다.

3. On May 31, 2012, the Defendant entering a residence of the victim J, located in Seodaemun-gu Seoul, Seodaemun-gu I, and went into a living room through the entrance door, which was opened without the said victim’s permission, and intrudes on the victim’s residence.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of each police statement to K, D, L, M, and J;

1. G statements;

1. Application of Acts and subordinate statutes to investigation reports (EE store CtV video), investigation reports (victim N telephone statements);

1. Relevant Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 319(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. Article 62(1) of the Criminal Act recognizes and reflects the instant crime.