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(영문) 서울동부지방법원 2018.01.25 2017고단3952
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around November 22, 2017, the Defendant ordered JNB Tju 1 C, C, C, and C, and C, the victim D (29 years old) on the second floor of Seoul Special Metropolitan City on November 22, 2017, as if they would normally pay the victim the alcohol value.

However, the defendant did not have the intent or ability to pay the price normally even if he takes the foregoing alcoholic beverage and the alcohol as above.

In this respect, the Defendant, as seen above, got the victim from deceiving him, and received a total of KRW 121,00 from the victim.

On November 19, 2017, the Defendant ordered 20:10 on November 20, 2017, “G” restaurant located in Seocho-gu Seoul Metropolitan Government F, to the victim H (V, 55 years of age) who is an employee of the Defendant, as if he would normally pay the food cost, and ordered 2,00,000 A swine Swins Co., Ltd. 2.

However, the defendant had no intention or ability to pay the price normally even if he takes food and drink as above.

Accordingly, the Defendant, by deceiving the victim as above, received food and drink equivalent to KRW 58,00 in total from the injured party.

Summary of Evidence

"2017 Highest 3952"

1. Statement by the defendant in court;

1. Written statements of D;

1. An invoice and on-site photograph "2017 high group 4068";

1. Statement by the defendant in court;

1. A written statement of victim of H;

1. Application of Acts and subordinate statutes on receipt of invoices;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation: The defendant has been detained for a considerable period of time due to the instant crime, such as the fact that there are several favorable circumstances such as the fact that the amount of damage is minor and that the mental health of the defendant seems not to be protected.

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