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(영문) 대구지방법원 2017.05.16 2016고단5410
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 28, 2016, the Defendant issued an order for alcohol and food with the victim D, which was operated by the victim D in Daegu Jung-gu, Daegu-gu, 2016, as if the victim would normally pay the cost of food to the victim.

However, the defendant did not have the intention or ability to pay the price normally even if he was provided with alcohol and food.

As a result, the Defendant received one hole from the injured party one hole, 2 sick and drinking water, and received a total sum of 49,000 won from the injured party, and did not pay for the same amount of monetary benefits. From then on October 4, 2016, the Defendant acquired financial benefits equivalent to 301,000 won by deceiving the victims by the same method four times in total, such as the statement in the list of crimes, from the injured party.

On March 12, 2017, the Defendant issued an order for drinking and eating to the victim as follows: (a) around 02:00 on March 12, 2017, within the “H” of the Daegu Seo-gu F and the operation of the victim G (41 tax), and (b) on March 12, 2017, the Defendant acquired food and drinking worth KRW 57,000 in total, including KRW 45,000, KRW 12,000 in cases where the victim had no intention or ability to pay the food cost, but he/she is anticipated to pay the food cost to the victim.

Summary of Evidence

"2016 Highest 5410"

1. Statement by the defendant in court;

1. Statement made to I in the police statement protocol;

1. Each statement in I, D, J, and K Preparation;

1. "Investigation Report (Attachment of Account Statement), Investigation Report (Attachment of Confirmation of Suspect's Order Qua Newcom and Submission of Account Statement to the Victims)".

1. Statement by the defendant in court;

1. Statement concerning G in the police statement protocol;

1. Application of the statutes on the statement of damage;

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. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (a type of decision).

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