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(영문) 창원지방법원 마산지원 2017.12.13 2017고단1004 (1)
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 10, 2017, the Defendant issued an order for alcohol and food as if he would have paid the price although he had no intention or ability to pay the price even if he had been provided with alcoholic beverages and food, and was provided with 27,00 won (the total market price of 27,00 won, i.e., swine b., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f.,

Accordingly, the defendant was given property by deceiving the victim.

On September 27, 2017, the Defendant: (a) around 17:30 on September 27, 2017, the fact at the “E” restaurant operated by the victim D, who had the window of Changwon-si, was provided with alcohol and food; (b) the Defendant ordered drinking and food as if he would pay the price despite the absence of the intent or ability to pay the price; (c) and (d) the Defendant was provided with three thousand won (3,000 won (3,000 won (3,000 won), i.e., he/she was supplied with three thousand won (3,000 won (3,000 won) of the market price).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes on receipts, food price receipts;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, 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. The reason for sentencing under Article 62(1) of the Criminal Act is not yet agreed with the victim, but the defendant has been detained for more than two months and is against his/her depth, the amount of damage is relatively minor, the defendant has no record of crime other than the fact that he/she has been punished once by a fine due to a violation of the Act on the Establishment of Local Reserve Forces in 2016 (Provided, That it seems that there exists the record of being notified several times of punishment in the past, but it appears that there has been the record of being notified several times of punishment in the past), and other punishment as ordered in consideration of the defendant's age, family relationship, and the

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