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(영문) 창원지방법원 2013.05.31 2013고단661
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2013Kadan661] On March 10, 2013, around 19:30 on March 10, 2013, the Defendant: (a) had no intent or ability to pay the alcohol value in “E” operated by the victim D, Sung-gu, Sungwon-si, Changwon-si; and (b) had three female employees, as if he were to pay the alcohol value.

The Defendant received from the victim the total amount of KRW 710,00,00 in the market price, such as the 3-year 12-year flue 12-year flue, service fees, etc. from the victim, and acquired it by fraud.

[2013 Highest 828] Around 01:40 on August 31, 2012, the Defendant acquired the amount equivalent to KRW 560,00,00 in total, including the 12-year three illness, service charges, etc. from the victim on the same place, even though he/she did not have the intent or ability to pay the drinking value even if he/she did not follow the order of alcohol and alcohol, he/she did not have the intent or ability to pay the drinking value. Around 02:30 on September 27, 2012, the Defendant: (a) issued an order to pay the drinking value to the victim; and (b) issued orders to do so; and (c) obtained the order from the victim, who did not have the intent or ability to pay the drinking value at the “K” operated by the victim J in Sungnam-gun-gun around 02:30 on September 27, 2012.

The defendant received from the victim the amount of 260,000 won, such as 1 disease and service charge of the 17th anniversary of the window from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G and J;

1. Application of each receipt, each on-site photographing statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the number of offenses was completed three times, and the total amount of damage was not much 1,530,000 won, etc.);

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