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(영문) 서울중앙지방법원 2015.05.19 2015고단1011
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 22, 2015, at around 03:00, the Defendant was provided with food equivalent to KRW 15,000,00 in total, 15,000, for each of the following items: (a) the Defendant, despite having no intent or ability to pay the price even if he/she received orders for food because of the lack of money in water; and (b) the Defendant, despite having no intent or ability to pay the price, issued orders for drinking and spawn; and (c) the Defendant was provided with food equivalent to the sum of KRW 15,00,00, such as one person for each spawn, small

Accordingly, the defendant, by deceiving the victim, received property from the victim.

2. On February 22, 2015, around 15:30, the Defendant was provided with food equivalent to KRW 24,000,00 in total, such as 20gs (20g), 2 bottles (200gs), 200, and 2 cans (2 cans) of drinking water, on the ground that there is no money in water, so even if he/she orders food, he/she did not have an intent or ability to pay the food value despite having no intention or ability to pay the food.

Accordingly, the defendant, by deceiving the victim, received property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Written statements of D;

1. Application of the receipt statute

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

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] and the basic area (6 to 100 million won) of types 1 (6 to 6 months) of the Criminal Act (the decision of sentencing] [the decision of sentence]: A normal situation in which the defendant repeatedly committed the crime of fraud due to the use of the same day, even though he/she had the record of being sentenced to several fines for the same kind of crime: the defendant is against the crime; the amount of individual damage is the small amount.

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