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(영문) 창원지방법원 통영지원 2017.10.11 2017고단1052
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On March 9, 2017, the Defendant committed the crime at around 23:00 on March 9, 2017, committed the crime by obtaining food worth KRW 48,00,00 in total, including three of the group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of

2. On May 26, 2017, the Defendant, on May 26, 2017, received food equivalent to KRW 38,00,00 in total, including c8,00,00, from the Defendant, by deceiving the victim by means of ordering food, etc., and by deceiving him/her, instead of having the intent or ability to pay the amount of food, etc., within the “H” of the operation of the Victim G, which is located in Gyeongnam-si, Gyeongnam-si, Gyeongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. A receipt for each alcoholic beverage value;

1. A statement of the details of detection and a statement of control;

1. Application of Acts and subordinate statutes to a report of investigation (the monetary fact with victim D);

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Where considerable damage has been restored due to the mitigation area (one month to one year) in the mitigated area (one year to one year) of type 1 (the scope of the recommended punishment) of the type of general fraud according to the sentencing guidelines.

3. The fact that the defendant who has been sentenced to a sentence has been sentenced to a fine more than one time for the same kind of fraud, such as involuntary operation, and the suspension of the execution of imprisonment, that is, the decision of the sentence, and that the defendant has been led to the confession in this court, but the investigation process and the written opinion submitted by the defendant (the price shall be paid in order to mislead the wrong

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