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(영문) 수원지방법원 2018.04.04 2017고단4583
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On June 17, 2017, at around 02:20, the Defendant issued an order for alcohol and alcohol as if the Defendant would normally pay the amount to the victim, despite having no intent or ability to pay the amount even if the Defendant was provided with alcohol, alcohol, etc. from the injured party.

Accordingly, the Defendant, as above, by deceiving the victim as above, received from the victim, 1 Byung, 3 Creju, 3 Creju, 4,00 won in total at the market price from the victim, each of which was issued 1 to the victim, respectively.

2. On June 28, 2017, the Defendant, along with E, ordered a restaurant in the name of “H” managed by the victim G in Suwon-si, Suwon-si, Suwon-si, as of Jun. 28, 2017. In fact, even if the victim G was provided with alcohol, alcohol, etc. from the injured party, the Defendant, despite the absence of the intent or ability to pay the price, placed an order for alcohol, alcohol, etc. as if the victim would pay the price normally.

Accordingly, the Defendant conspired with E to deceiving the victim, and received from the victim, i.e., KRW 40,00 in total amount of KRW 40,00,00 from the market price, i.e., KRW 2 bottle C, 1 Byung C, 2 tea blick, and 1 flick flick, respectively.

Summary of Evidence

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. Each written statement of G and C;

1. Application of the 112 Report Details, photographs, each receipt, ctv images to the screen and CCTV copy (Attachment to CDs) statute

1. Relevant legal provisions of the Criminal Act, Article 347(1) (the fraud described in paragraph (1)) of the Criminal Act, Articles 347(1) and 30 (the fraud described in paragraph (2) of the Criminal Act) of the Criminal Act, and the choice of imprisonment for each type of crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The basic area (from June to one year and six months) (a person who is subject to special sentencing) of the first type of crime (the scope of recommending punishment) (the scope of punishment) to which the sentencing guidelines apply is applicable. The basic area (from June to one year and six months).

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