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(영문) 대구지방법원 서부지원 2016.04.07 2015고단1304
사기등
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

1. On July 31, 2015, the Defendant issued an order for food as if he did not have the intent or ability to pay the price even if he received food from the injured party, in the “E cafeteria” managed by the injured party D, on July 31, 2015.

As such, the Defendant, by deceiving the victim, took 5,00 won of 5,00 won or more after being provided with a waste.

2. The Defendant, at the time and place indicated in the preceding paragraph, committed an injury to the victim, who was demanded by the injured person to pay boomball, as stated in the preceding paragraph, due to the victim’s booming to the left hand of the victimized person, and caused the victim to the injury, such as an open room for the left hand of the victimized person requiring two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation Report - With respect to the attachment of photographs on the part of the injured party, the application of the legislation of the medical certificate shall apply.

1. Relevant Article 347(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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 under Article 62 (1) of the Criminal Act (i.e., confessions and reflects, the amount of damage caused by fraud is limited to 5,00 won, the degree of damage caused by the victim is relatively minor, and the defendant was unable to punish the defendant by agreement with the injured victim, etc.);

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