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(영문) 서울북부지방법원 2016.11.11 2016고단4315
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant returned to the Si in Seoul, while living expenses were reduced, the Defendant left an employee at a convenience store where the living expenses were reduced, and received the goods on credit, and sentenced him to raising living expenses by selling them.

1. At around 12:01 on May 29, 2016, the Defendant made a false statement to the “F (23 years of age) who is an employee at the E convenience store for the victim’s D operation located in Jung-gu Seoul Metropolitan Government, stating that “I will know that G will fall well with the owner of convenience store business. If G will fall short, I will know that tobacco would fall short of the value. Three cigarettes will bring tobacco to 30 minutes after credit.”

However, in fact, the defendant did not have any one-way form with the victim D, and even if he received tobacco from F because there was no money in water, he did not have any intention or ability to pay the price.

Nevertheless, the Defendant, as above, was informed of F, and was issued three cigarettes of the amount of KRW 135,000 at the market price by deceiving F.

2. At around 13:10 on June 4, 2016, the Defendant made a false statement to K (i.e., an employee) who is an employee at the convenience store in the operation of the victim I located in Jung-gu Seoul Metropolitan Government H, stating that “I will know that L will be well aware of the owner of convenience store business. That is, if L will be seen to fall. That is, three cigarettes will bring tobacco value to 13:30 on credit.”

However, in fact, the defendant did not have any way to pay the price even if he received tobacco from K because he did not have any money during the process of running a convenience store and there was no intention or ability to pay it.

Nevertheless, the Defendant, as seen above, by deceiving K, was issued three cigarettes of the amount equivalent to KRW 135,000 at the market price by K.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of F and K;

1. Application of the internal investigation report (on-site CCTV verification), suspect photographs (CCTV);

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

1. Probation Criminal Act;

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