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(영문) 광주지방법원 해남지원 2016.03.31 2016고단43
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 2, 2016, the Defendant: (a) around 18:30, the victim AD amusement shop operated by the victim AC located in the Southernnam-gun AB; and (b) the Defendant was provided with a beer share equivalent to KRW 310,000 in the market price as if he/she were aware of the fact that he/she had no intent or ability to pay the food cost, such as the drinking value.

2. On February 3, 2016, the Defendant: (a) around 21:00, at AG restaurants operated by the Victim AF located in the Southernnam-Gun AE; and (b) despite the absence of the intent or ability to pay the amount of food, such as the drinking value, the Defendant was provided with the beer at ten concurrently equivalent to the market price of 58,00 won.

3. On February 5, 2016, at around 15:00, the Defendant was provided with 15,000 won and 1 enlisted in the victim AI, which was operated by the victim AI in the southnam-Gun AH, while the Defendant was committed as if he did not have an intent or ability to pay food costs, such as drinking value, and was committed as if she had no intention or ability to pay it.

4. On February 5, 2016, the Defendant: (a) around 18:20, the victim AL operated by the victim AL located in the Namnam-gun Nam-gun, and (b) the Defendant, despite the absence of the intent or ability to pay the food cost, was provided with the share of at least 150,000 won at the market price.

As a result, Defendant 4 obtained the total amount of KRW 533,00 from victims and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to AL, AI, and AF;

1. AC's statement;

1. All on-site photographs;

1. Each receipt; and

1. Application of investigation reports (on-site situations, site conditions, and Acts and subordinate statutes concerning arrest of flagrant offenders at the time of mobilization);

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

1. Suspension of execution;

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