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(영문) 의정부지방법원 고양지원 2017.08.24 2016고단3677
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[2016 Highest 3677 [Attachment 3677] On December 4, 2016, the Defendant ordered alcohol and alcohol to the victim as if the Defendant would pay the drinking value despite the absence of the intent or ability to pay the drinking value because the Defendant did not have the means of settlement, such as cash or credit card, at around 23:00 as of December 4, 2016, the “E” in the “E” for the operation of the victim C.

The defendant deceivings the victim as above, and thereby acquired the alcohol and the delivery of an alcoholic beverage equivalent to the market price of 662,00 won from the victim.

[2017 Highest 2244]

1. On December 5, 2016, at around 23:50 on December 5, 2016, the Defendant ordered the victim’s alcohol and alcohol, and acted as if the Defendant would normally pay the alcohol value at the “H” entertainment point in the “H” management of the victim G.

However, the defendant did not have any intention or ability to pay the drinking value because he does not have any means of payment such as cash or credit card.

The defendant deceivings the victim as above and was provided by the victim with an alcoholic beverage and an alcoholic beverage equivalent to a total of 430,000 won in the market price in the same place, but did not pay the price, thereby acquiring pecuniary profits equivalent to the same amount.

2. On December 6, 2016, around 23:50 of the following day, the Defendant, at the “K”-run “K”-based entertainment point of the victim J operation in Si I as of December 6, 2016, by deceiving its employees L by the above methods, and by deceiving the victims with alcohol and alcohol equivalent to the total market price of 640,000 won, but did not pay the price to the victims.

Summary of Evidence

[2016 Highest 3677]

1. Statement by the defendant in court;

1. C’s statement;

1. A copy of the permit, account statement, and on-site photograph (2017 Gool 2244);

1. Statement by the defendant in court;

1. A written statement of G and J;

1. Application of each receipt statute;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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