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(영문) 청주지방법원 2014.01.15 2013고단1708
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around November 21, 2013, the Defendant issued an order to the victim, as if he were to pay the food cost in the E-cafeteria operated by the victim D, Cheongju-gu, Cheongju-si, Cheongju-si, that was, the Defendant ordered the victim to overlaps with the Triju, chickens, soft, and drink.

However, in fact, the defendant did not have any intention or ability to pay the price even if he received food from the victim because he did not have any income or property but has no cash in possession.

The Defendant, as such, by deceiving the victim, was provided with wooden ginseng of an amount equivalent to KRW 70,00 at the market price of KRW 70,00 in the same place by the victim.

In addition, from November 4, 2013 to November 13, 2013, the Defendant received food equivalent to KRW 397,000 in total from six times in the following manner, as shown in the list of crimes in the attached Table.

2. At around 06:00 on November 5, 2013, the Defendant obstructed the legitimate execution of duties by assaulting the police officer’s duties relating to crime prevention and criminal investigation by assaulting the Defendant, including, but not limited to, a summary judgment claim, following the investigation into the suspicion of fraud in the E restaurant, as described in the foregoing paragraph (1), at the office of the Cheongju-gu Economic Team of the Cheongju-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, about 236 o-ro, 15, and following the investigation into the suspicion of fraud in the E restaurant as described in the foregoing paragraph (1).

Summary of Evidence

1. Each police statement concerning D, G, H, and I;

1. Written statements of J, K, L, and F;

1. Application of the Act and subordinate statutes to receipts, investigative reports, field photographs, etc., investigation reports, each statement of account, interim statements, investigation reports, and investigation reports (a video recording confirmation).

1. Relevant Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the same Act and the choice of imprisonment for the crime;

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

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