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(영문) 수원지방법원 2013.11.13 2013고정2374
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around 00:00 on February 22, 2013, the Defendant: (a) had no intention or ability to pay the drinking value at the D main points managed by the victim C in Masung City B; (b) by deceiving the victim with the same attitude that the Defendant would calculate the drinking value; and (c) by deceiving the victim with the same attitude, which was the sum of KRW 200,000,000 from the victim, was a window of the sum of KRW 12,000 and KRW 1,000,000 from the victim; and (d) acquired it by fraud.

2. On March 1, 2013, the Defendant, at around 02:30, by deceiving the victim C at the D main points as described in the foregoing paragraph (1) in the same manner as described in the foregoing paragraph (1), and by deceiving the victim C, the Defendant received from the victim at one 5 beer and 40,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each report on investigation;

1. Application of the receipt statute

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

1. Articles 70 and 69 (2) of the Criminal Act (one day: 50,000 won) of the Criminal Act;

1. Article 59 (1) of the Criminal Act (the postponement of sentence: Fine of a fine of 500,000 won, the defendant has no record of punishment for the same kind of crime, and the defendant has agreed smoothly with the victim, and all other circumstances shall be taken into consideration);

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