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(영문) 수원지방법원 2020.09.04 2020고단4747
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 2020, the Defendant entered the “D” restaurant operated by the victim C of the victim C in Masung-si around 19:00 on the order of alcoholic beverages, etc. as if they would normally pay the price.

However, the Defendant did not have a cash or a credit card payment means, and thus did not have the intent or ability to pay the price even if he received alcoholic beverages, etc. as above.

Nevertheless, the Defendant, by deceiving the victim as above, obtained the victim from the victim a total amount of 42,00 won and the salbling of the market price.

In addition, from the above time to July 10, 2020, the Defendant acquired alcoholic beverages and food equivalent to KRW 519,000 in total eight times, such as the list of crimes in the attached list of crimes.

2. On June 29, 2020, the Defendant: (a) around 21:38, 2020, the Defendant used the said taxi to the Korean War Brigade in the 29-4, G taxi operated by the victim F on the nearby roads of the Hasung-si, Masung-si, Masung-si, Masung-si, Masung-si, who would normally pay a normal fee to the victim; and (b) was using the said taxi.

However, the Defendant did not have any means of payment such as cash or credit card and did not have the intent or ability to pay the price even if he uses the taxi as above.

Nevertheless, the Defendant, by deceiving the victim as above, received taxi transport services on the same day from the victim, and did not pay 16,000 won, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Application of the respective statements, receipts, on-site photographs laws and regulations of H, I, J, F, K, L, M, C, and N;

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

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

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