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(영문) 창원지방법원 통영지원 2018.05.10 2017고단1530
사기등
Text

A defendant shall be punished by imprisonment for six 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. Fraud;

A. On May 1, 2017, the Defendant: (a) around 23:30 on May 1, 2017, at the instant singing shop operated by the victim C, and (b) had no cash at the time and had no intent or ability to pay the amount of alcoholic beverages, etc. because of the absence of remaining high-priced on the C’s string card; (c) provided the victim with false words “the payment of the amount of alcoholic beverages,” and provided the victim with approximately KRW 130,000,000 in total, such as beer, from the victim, and acquired pecuniary profits equivalent to the said amount.

B. At around 02:00 on September 16, 2017, the Defendant: (a) provided the victim F, a victim F, who was in Yeongdeungpo-si, with no intent or ability to pay alcoholic beverages, etc. as at the time, because the Defendant did not have any means of payment, such as cash and card; (b) provided the victim with a false statement that, as if he would pay the alcohol value, the Defendant would make the victim’s payment of the alcohol value “the price of alcohol and alcohol”; and (c) provided the victim with a total of approximately KRW 70,00,000, and acquired pecuniary benefits equivalent to the said amount after receiving the victim

2. At the time, at the time, at the place specified in Paragraph 1-A, the Defendant obstructed the victim’s primary business operation by force over about 30 minutes, on the ground that the victim C demands that the Defendant calculates the drinking value, thereby repeating the victim’s desire, such as “I will not have any money,” “I will do so without any money,” and engaging in drinking, as the victim would turn on a drinking, and by obstructing the victim’s primary business operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. D receipts:

1. Application of G main receipt Acts and subordinate statutes

1. Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business) and the choice of imprisonment with prison labor for each 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant who can observe the protection and observe the community service order and have the same criminal records of sentencing Article 62-2 of the Criminal Code once again.

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