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(영문) 전주지방법원 군산지원 2016.09.28 2016고단751
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

"2016 Highest 751"

1. On May 12, 2016, the Defendant was provided with 200,000,000 won in total at the D main points operated by the victim C in Gunsan-si, Si, Gunsan-si, with the same attitude that the Defendant would pay the price despite the absence of the intent or ability to pay the price.

2. 모욕 피고인은 제 1 항 기재와 같은 일시, 장소에서 손님으로 술을 마시던 피해자 E에게 아무런 이유 없이 “ 개새끼야, 꺼져 새끼야, 뭘 쳐다보냐

For about 40 minutes, such as “no superior brush, dead, and discarded”, the victim openly insultingd the victim by taking a bath among the owners of business C and customers F, etc.

around 01:00 on June 23, 2016, the Defendant: (a) entered the “I” entertainment shop operated by the G Victim H of the North Gun Do Do Do Madon-si, Chungcheongnam-do; and (b) took place as if he would pay the drinking value; (c) ordered the victim to order alcohol and alcohol equivalent to KRW 3.50,000,000,000,000,000,000 won, such as Yangju-si 1 Byung in 17 years.

However, in fact, the Defendant was living without a special occupation or income for about five years, and there was no cash or credit card payment means at the time of entering the above main points, and thus there was no intention or ability to pay the price even if the Defendant was provided with alcoholic beverages or credit cards from the injured party.

Nevertheless, the Defendant, by deceiving the victim as such, received the delivery of alcoholic beverages of an amount equivalent to 350,000 won at the market price from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and H;

1. Application of Acts and subordinate statutes on receipts for payments of alcoholic beverages;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 311 of the Criminal Act (the point of insult), and the choice of imprisonment with prison labor, respectively;

1. Reasons for sentencing in Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Recommendation of Sentencing) of the Aggravation of Concurrent Crimes

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