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(영문) 인천지방법원 2013.12.20 2013고단7636
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 became final and conclusive.

Reasons

Punishment of the crime

around 04:00 on November 23, 2013, the Defendant ordered the “Dju” operated by the victim C in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon to pay the amount to E, as if he were to pay the amount to E.

However, the defendant did not have the intention or ability to pay the price even if he was provided with the foregoing E with the alcohol, speech, and service.

The Defendant, as above, by deceiving the above E from E, acquired financial benefits equivalent to the same amount of 38,00 won in total, by avoiding payment, even though he was provided with alcoholic beverages and services equivalent to 388,000 won in total, such as 1 disease of 150,000 won in the market value of the victim, 100 won in the market value of 40,000 won in the market value, 10,000 won in the market value, 30,000 won in the market value, and 18,000 won in the market value, and 1,000 won in the market value, and 2 hours in the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the receipt statute

1. Relevant legal provisions concerning facts constituting an offense, Article 347(1) of the Criminal Act of the choice of punishment, and the choice of imprisonment [to choose imprisonment in consideration of the fact that the defendant has seven times the power of the same punishment];

1. Article 62 (1) of the Criminal Act on suspended execution (including the fact that the amount of damage is not large);

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