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(영문) 서울서부지방법원 2015.04.07 2015고단298
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On February 12, 2015, the Defendant was sentenced to imprisonment with labor at the Seoul Western District Court for the crime of interference with business for the same year.

2. 24. The judgment became final and conclusive.

around 20:30 on January 27, 2015, the Defendant ordered a 1st century, 1st sniffic, 1st siffic, 1st siffic, 1st siffic, and 1st siffic, 1st siffic, and 1stic.

However, there was no intention or ability to pay the price even if the victim received food, etc. from the victim.

As above, the Defendant did not pay food and alcoholic beverages equivalent to 62,00 won in total at the market price in the same place by deceiving the victim as above, and did not acquire property benefits equivalent to the above money.

around 20:45 on January 31, 2015, the Defendant issued an order of small 2 illness, 1 ladddinkin, etc., when the Defendant took the place as if he would normally pay food to the victims to the victim at “BB store” operated by the victim BA on the first floor of Yongsan-gu Seoul Metropolitan Government AZ, Yongsan-gu, Seoul, as if he would pay food to the victims.

However, even if the defendant was provided with food, etc. from the victim, he did not have the intent or ability to pay the price.

The Defendant, as above, by deceiving the victim, received food and alcoholic beverages equivalent to KRW 21,00 in total from the victim’s position.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each police officer to AY and BA;

1. An invoice and a food receipt;

1. Previous convictions in judgment: Inquiry, inquiry, summary agreement inquiry, assistance to the case, and application of statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the defendant's reasons for sentencing in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment specified in the crime of fraud against victims AY), is repeated.

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