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(영문) 의정부지방법원 2014.12.11 2014고단2806
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, for two years from the date this judgment has become final.

Reasons

Punishment of the crime

[2014 Highest 2806] Defendant A: (a) around 04:35 on August 7, 2014, 2014, the FF of the operation of the victim E in Do Government-si; (b) the fact is the same as if he/she would pay the price although he/she does not have the intent or ability to pay the price even if he/she orders the drinking; and (c) ordered the drinking, he/she received from the victim one disease of at least 1.50,000 won, and defrauded it.

[2014 Highest 3837] Defendant A and B conspired, and around 04:30 on June 6, 2014, Defendant A and B entered the “Imine Point” for the operation of the Victim H in Gyeonggi-gun G, Gyeonggi-do, with the intention or ability to pay the price even if they were provided with alcoholic beverages or the entertainment entertainment entertainment services, Defendant A and B acquired economic benefits by deceiving the victim by deceiving the victim, by failing to pay the price.

Summary of Evidence

[2014 Highest 2806]

1. Defendant A’s legal statement

1. Statement of each police statement to E and J;

1. Receipts and photographs of damage [2014 highest3837];

1. Defendants’ respective legal statements

1. Statement of the police statement related H;

1. Application of the receipt statute

1. Defendants of relevant legal provisions concerning criminal facts: Article 347(1) of the Criminal Act; the choice of imprisonment

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants on probation, community service and order to attend lectures: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Defendant A [Determination of Punishment] The types of general fraud (less than KRW 100 million) - The mitigation element: considerable damage recovery [Determination of the recommended area] the mitigation area / [Determination of the recommendation area] one month to one year [general person] - The mitigation element: The serious reflective [decision of sentence] imprisonment for eight months, suspension of execution for two years, probation, and community service.

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