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(영문) 서울남부지방법원 2017.02.10 2016고단4771
사기
Text

Defendant shall be punished by imprisonment with prison labor for the crimes of 2016 order 4771 and by fine for the crimes of 2016 order 6271 order.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to one year of imprisonment for a violation of the Act on the Protection of Juveniles from Sexual Abuse at Seoul Southern District Court on December 2, 2016 and was sentenced to two years of suspended sentence on December 10 of the same month, and the judgment becomes final and conclusive and conclusive during suspended sentence.

[2] On September 8, 2016, the Defendant: (a) entered a “E restaurant” operated by the victim D located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul, around 22:00 on September 8, 2016.

He ordered a covered boom and a galm.

However, the defendant had no cash, card or other means of payment, and there was no intention or ability to pay the food cost due to no income.

The Defendant, as such, by deceiving the victim, received food equivalent to KRW 9,00,00 from the victim, namely, the sum of the paid-in capital.

around 05:00 on December 21, 2016, the Defendant, “2016 Highest 6271,” committed as if he would pay the food value to the “H restaurant” working for the victim G located in Gangseo-gu Seoul Metropolitan Government F, and ordered the victim 1 to 1 to 1 to 1 to 200, and to 1 to 1 to 200.

However, since there was no money in water, the defendant did not have the ability and intention to pay the price normally even if he orders food and alcohol.

Nevertheless, the Defendant was provided with 1st century, i.e., a 1st century, and a 1st week with a total market value of 9,000 won from the victim's seat.

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

Summary of Evidence

"2016 Highest 4771"

1. Statement by the defendant in court;

1. Written statements of D;

1. An explanatory note 2016 Senior 6271;

1. Statement by the defendant in court;

1. G statements;

1. An invoice "previous record of judgment";

1. References to inquiries, such as criminal history, reports on the result of confirmation of the previous conviction of the disposition, and the application of statutes (2016, 473), such as a copy of the judgment;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts as well as the choice of a sentence (the proviso of 2016 highest of 4771) shall be punished by imprisonment, and the crime of highest 6271 case shall be punished by a fine.

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