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(영문) 인천지방법원 부천지원 2013.08.08 2013고단223
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 223] Around 02:00 on January 30, 2013, the Defendant issued an order for alcohol, alcohol, etc. to the victim as if he would normally pay the price to the victim D, which is operated by the victim D, on the first floor of Seocheon-si, Seocheon-si, Seocheon-si C.

However, there was no intention or ability to pay the price even if the defendant was provided with alcohol, algorith, etc. due to the lack of money.

The Defendant, by deceiving the victim as above, received a total of KRW 220,000,00 from the victim, such as drinking and drinking, etc., and acquired financial benefits equivalent to the same amount.

[2013 Highest 598] At around 22:00 on March 30, 2013, the Defendant, despite the absence of the intent or ability to pay the drinking value, ordered the victim to provide alcohol and alcohol, etc. as if he would normally pay the drinking value. The Defendant, upon receiving from the victim the alcohol and alcohol equivalent to KRW 19,000 won at the market price of beer 3 disease and rats, acquired financial gains equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes on receipts and simplified receipts;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

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

1. Article 62 (1) of the Criminal Act;

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