Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Criminal facts
[2013 Mada1660] On May 2, 2013, the Defendant sent the same attitude to enter the main place of E operated by the victim D in Sogjin-gu, Seojin-gu, Seoul, to pay the drinking value, etc. to the customer. The Defendant ordered the victim to alcohol, alcohol, etc. and ordered the victim to do so.
However, the defendant did not have the intention or ability to pay the drinking value, etc. to the victim.
The Defendant was provided by the victim with property and entertainment equivalent to KRW 415,00 in total, such as the amount equivalent to KRW 360,00,000 and the amount equivalent to KRW 55,00,00 in the 2-year 12-year lux market price in the 12-year lux.
Accordingly, the defendant had taken property and property benefits by deceiving the victim.
[2013Modan2511] On May 18, 2013, the Defendant stated that the “H home-place” operated by the victim G located in Seongdong-gu Seoul Special Metropolitan City on May 18, 2013, the Defendant was able to enter the “h home-place” as a guest and pay the drinking value, etc., and the Defendant stated that the Defendant “Y home-place 1 concurrently and a opy home-place 1 in the studio.”
However, in fact, the Defendant not only did not have any money but also did so even if he did not have the ability or intent to pay the drinking value because there is no balance in the account held by the Defendant, and he was provided with property and entertainment equivalent to 235,000 won in total, such as receiving one contact loan from the victim of the 12-year two-year two-year two weeks, one contact loan in the amount of 180,000 won.
Accordingly, the defendant, by deceiving the victim, acquired a total amount of 235,000 won property interest.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement concerning G and D;
1. Each investigation report and evidential materials attached thereto;
1. Application of each on-site photograph and each receipt statute;
1. Relevant Article 347 (1) of the Criminal Act, the choice of each punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The defendant under Article 62(1) of the Criminal Act committed the instant crime.