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(영문) 광주지방법원 순천지원 2014.07.01 2014고단75
사기
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

around January 4, 2014, the Defendant, “2014 Highest 75,” sent the attitude that the Defendant would pay the drinking value, etc. in the “EM store” operated by the victim D in Macheon-si, Macheon-si, although he/she did not have an intent or ability to pay the drinking value, etc., and ordered the drinking and alcohol.

The Defendant, by deceiving the victim as above, was provided by the victim with 150,000 won in total at the market price of 150,000, 10, 1, 1,000, and 1,000.

Accordingly, the defendant was given property by deceiving the victim.

around 03:10 on May 6, 2014, the Defendant: “H” operated by the Victim G G in 2014, which was the victim G in 17:00 on May 6, 2014, by deceiving the victim in a manner that would allow the victim to pay the drinking value, etc. in the absence of the intent or ability to pay the drinking value, even though there is no money in water; and was issued a disease by 17:0 on the aggregate of the market price of 600,000.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

"2014 Highest 75"

1. Defendant's legal statement;

1. The protocol of statement by the police about D 2014 high-ranking952;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not well-known despite the fact that the defendant had been punished several times for the same crime, and also leads to each of the crimes of this case, considering the circumstances, such as the fact that the defendant is in a profoundly against the defendant's life of detention for about one month, that the defrauded is a relatively small amount, that is, the victim D is relatively agreed with, and that the treatment is needed due to knee, knee, knee, mar fever, etc.

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