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(영문) 서울중앙지방법원 2019.08.28 2019고단4057
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On February 20, 2019, the Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor for the crime of assault in the Western Branch of the Daegu District Court on February 20, 2019, and the probation period becomes final and conclusive on February 28, 2019.

【Criminal Act】

1. On May 28, 2019, at around 03:30 on May 28, 2019, the Defendant ordered 80,000 won in total at the cafeteria operated by the injured party G in Gangnam-gu Seoul, and received food and alcohol from the injured party.

However, the defendant did not have the intention or ability to pay the price even if he received food and drink from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired the property from the victim.

2. On May 28, 2019, the Defendant ordered 19,000 won in total at the restaurant operated by the victim I located in Gangnam-gu Seoul Metropolitan Government H on May 28, 2019, and received food and alcohol from the victim.

However, the defendant did not have the intention or ability to pay the price even if he received food and drink from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired the property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. The police statement concerning G;

1. G statements;

1. Photographss, receipts, and investigation reports at the scene of the crime (Attachment to a photograph by cutting off theCCTV image);

1. Criminal records as stated in the judgment: Application of Acts and subordinate statutes to investigation reports (criminal records), written judgments, criminal records, and inquiry reports on criminal records;

1. Relevant Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. The scope of punishment by law: Imprisonment for one to fifteen years;

2. Application of the sentencing criteria;

(a) Determination of types: Fraudulent Crime> General Fraud> (Type 100 million won or less;

(b) A special breeder: No person;

(c)the recommended territory; and

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