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(영문) 수원지방법원 평택지원 2017.06.29 2017고단1090
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On March 25, 2017, the Defendant, at around 22:00 on March 25, 2017, issued an order of alcohol and alcohol as if he would normally pay the alcohol value to the victim even though the Defendant did not have any intent or ability to pay the alcohol value due to the lack of cash, etc. to pay the alcohol value during the number of times at the time, and then acquired the victim’s property by receiving alcohol and alcohol equivalent to KRW 207,00 at the market price from the victim, namely, from the victim’s location.

2. On May 25, 2017, the Defendant, at around 21:00 on May 25, 2017, at the “H managed by the victim G in Pyeongtaek-siF,” the Defendant ordered the alcohol and the alcohol and the alcohol and acquired the victim’s property by being provided with alcohol and the alcohol equivalent to KRW 660,00,00 at the market price from the victim’s seat, even though the Defendant did not have any intent or ability to pay the alcohol value due to the lack of cash, etc. to pay the alcohol value during the number of times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A protocol concerning the examination of suspect of the police to I or J;

1. Written statements of G, K and D;

1. A statement of provision of site photographs, alcoholic beverages, etc.;

1. Application of Acts and subordinate statutes on the same electric power judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice 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. Consideration of protection and observation and the fact that there is a record of being sentenced to a fine and a suspended sentence of imprisonment for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the amount of damage is not significant, the victims do not want the punishment of the defendant, and the victims have an opportunity to reflect during the period of detention;

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