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Reasons
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(영문) 의정부지방법원 2017.09.20 2017고단3495
사기
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A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On January 29, 2016, the Defendant received a summary order of KRW 500,000,000 from the Seoul Eastern District Court on March 8, 2017, and received a summary order of KRW 1 million for the same crime from the Jungbu District Court on March 8, 2017, and on July 7, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 years for imprisonment for fraud, etc. at the Jungbu District Court on July 15, 2017, and the said judgment became final and conclusive on July 15, 2017.

1. On July 17, 2017, around 23:40 on July 17, 2017, the Defendant ordered alcohol and alcohol as if he/she had the intent or ability to pay the price at the E-cafeteria operated by the victim D in Dongducheon-si.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcoholic beverages and alcohol from the injured party.

The defendant deceivings the victim as above, and was provided with 38,000 won in total and 38,000 won in small amount by multiplying 2 persons by the lawsuit against the victim.

2. On July 23, 2017, around 18:30 on July 23, 2017, the Defendant ordered alcohol and alcohol as if the Defendant had the intent or ability to pay the price at the H cafeteria operated by the victim G in Dongducheon-si.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcoholic beverages and alcohol from the injured party.

The Defendant, as seen above, by deceiving the victim, was provided with alcohol and alcohol equivalent to KRW 38,00 in total, 600 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each statement of D and G;

1. Each invoice;

1. All on-site photographs;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, a copy of the judgment (2570, 2570, 2017, 2570, 2 copy of the summary order, and one copy of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;

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