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(영문) 광주지방법원 2017.09.08 2016고단1266
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 14, 2016, the Defendant entered the C main points in Gwangju Dong-gu B and II, Gwangju, and ordered the victim D (the 36 years of age) (the 36 years of age) to pay the alcohol value, and the Defendant acquired the pecuniary benefits equivalent to the 447,000 won of the market price from the injured party at one parallel of 1 p.m. (the 2016 high group).

around 03:00 on March 20, 2016, the Defendant, “2233 of the 2016 Highestest 2233, the Defendant, despite having no intention or ability to pay the price even if he/she received alcoholic beverages because of the lack of money in the “main point” in the operation of the Victim F in Seo-gu, Seo-gu, Seo-gu, Gwangju, performed as if he/she would be able to pay the price properly to the victim, and drinking alcohol from 04:20 on the same day after ordering the 3 illness of the Kafri and until 04:20

The Defendant, by deceiving the victim as such, obtained 27,00 won from the injured party and acquired the alcohol.

On November 28, 2016, the Defendant: (a) around 02:10 on November 28, 2016, at the first week operated by the Victim H in Gwangju North-gu, Gwangju-gu, the Defendant: (b) committed an act as if he did not have the intent or ability to pay the price, and (c) received orders of 12,000 won of the market price from the injured party and did not pay the price; and (d) obtained pecuniary benefits equivalent to the amount of the said amount because he did not pay the price.

Summary of Evidence

[2016 order 1266]

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Invoice;

1. On-site photographs (2016 Height 2233];

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Text receipt [2016 High Order 6083];

1. Some statements made against the defendant during the police interrogation protocol;

1. A statement of victim of H;

1. Application of Acts and subordinate statutes of the liquor price order;

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. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing criteria shall be set;

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