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(영문) 인천지방법원 부천지원 2014.02.13 2013고단3315

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. At around 02:30 on November 1, 2013, the Defendant, at the “D” entertainment tavern operated by the victim C, who had no intent or ability to pay the price, even if having received alcoholic beverages from the victim, etc., the Defendant, who placed the same attitude that the victim would normally pay the price to the victim. On the other hand, the Defendant issued an order for alcoholic beverages, etc., and acquired pecuniary benefits equivalent to the same amount by being provided by the victim with alcoholic beverages and services equivalent to KRW 2:460,00,000,000,000,000,000 won for entertainment and entertainment and entertainment, and KRW 3:30,000,000,000,000 for entertainment and entertainment,

2. On November 2, 2013, the Defendant, at around 01:20, posted the same attitude that the victim G, operated by Seocheon-si, Seocheon-si E (F and underground 1st floor), would not have any intent or ability to pay the price even if having received alcoholic beverages, etc. from the victim, and the Defendant, who ordered alcoholic beverages, etc., was provided with alcoholic beverages and services worth KRW 25,000,000,000, totaling KRW 225,000,000,000,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement to be prepared;

1. The application of each business license certificate, receipts, field photographs, and statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

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;

1. Social service order under Article 62-2 of the Criminal Act;