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(영문) 수원지방법원 성남지원 2017.12.22 2017고단2283
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2016, the Defendant: (a) around 22:30 on June 2, 2016, 22283, the Defendant: (b) on D cafeteria operated by the Victim C in D Subdivision B; (c) did not have the intent or ability to pay food costs, such as cash or credit card, during the water; (d) on the other hand, the Defendant was ordered to pay food costs if he/she supplied food, and was issued a 12,00 won in total from the victims and a 1 bottle of the 12,000 won.

The defendant of "2017 Highest 2445" did not change with a certain occupation, and the defendant did not possess cash or credit cards or other means of settlement during his/her period of time so that he/she did not have any intent or ability to pay the price even if he/she orders drinking and drinking.

Nevertheless, around 23:00 on June 6, 2017, the G cafeteria-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, and the 1st floor victim F (41 tax, South) issued an order for alcohol and alcohol to pay the amount to the victim within the G cafeteria-gu, Sungnam-gu, Sungnam-gu, and the F (41 tax, South).

The Defendant was provided with alcoholic beverages equivalent to 22,00 won at the market price from the injured party, but did not pay the price, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement and statement of the victim C;

1. Application of a summary statement of F, a field photograph of the case, and a receipt details to the statutes;

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

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. All the conditions of sentencing indicated in the records, such as observation of protection and community service order Article 62-2 of the Criminal Code, that there are many criminal records of the defendant for the reason of sentencing, that the defendant is against the defendant's wrongness, and that the defendant's health condition.

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