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(영문) 의정부지방법원 고양지원 2021.02.03 2020고단3426

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On September 17, 2020, the Defendant was sentenced to 8 months of imprisonment with labor for fraud and other crimes in the Goyang Branch of the District Court, and the judgment became final and conclusive on December 12, 2020.

On July 4, 2020, the Defendant ordered 1 Byung-ju (4,000 won) and 1 (10,000 won) prior to the drilling, while working as if the Defendant had the intent and ability to pay the price normally at the main points of the victim C operation located in U.S. Dong-gu, U.S. at around 03:30 on July 4, 2020.

However, at the time, the defendant had no intention or ability to pay the food cost, and in fact, he did not pay the total of 14,000 won.

The Defendant, by deceiving the victim as such, received food equivalent to 14,00 won in total from the injured party, thereby deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s receipt of the C’s statement and the details of the disposition of notice of the report processing case;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, text of judgment, investigation report (verification of whether the appellate judgment has become final and conclusive), and application of statutes of the Supreme Court B

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. The reason for sentencing under the latter part of Article 39(1) of the Exemption Criminal Act shows the form of recognizing and opposing the defendant's mistake.

The amount of fraud is not so big.

In addition, the defendant's age, sex, environment, motive and background leading to the crime, method and contents of the crime, circumstances before and after the crime, the first head of the crime in this case and the crime in this case shall be judged as ordered by taking into account the various circumstances shown in the arguments, such as the case of concurrent judgment and equity.