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(영문) 광주지방법원 목포지원 2013.07.02 2012고단2025
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 22:00 on November 26, 2012, the Defendant issued a false statement to the victim “Eju” in the “Eju” of the Victim D’s Operation in Mapopo-si, Mapo-si, Mapo-si, stating that the Defendant would have sufficient means to normally pay the amount.

However, the defendant had no intention or ability to pay the price even if he was provided with alcohol and salves from the victim because he had been engaged in daily work without a certain occupation.

Nevertheless, the Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to KRW 95,00 in total from the victim’s seat.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of receipts, on-site photographs statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (to consider that the defendant has been sentenced to imprisonment, and that the defendant has been sentenced to six times a fine for the same type ofless crime from 2004 to 2012);

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

1. Probation and community service order under Article 62-2 of the Criminal Act;

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