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(영문) 부산지방법원 2014.06.20 2013고단7197
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 18, 2011, the Defendant was sentenced to ten months of imprisonment and two years of suspended execution for fraud, etc. at the Busan District Court on July 26, 201, which became final and conclusive on July 26, 201, but the suspended execution was revoked on December 12, 201, and the execution of the sentence was terminated at the Busan Detention Center on October 27, 2012.

1. On March 15, 2013, around 19:00, the Defendant: (a) was engaged in “E” restaurant operated by the victim D, who is located in Busan Sho-gu C; (b) provided that the Defendant would normally pay the food value despite the absence of the intent or ability to pay the food value; and (c) ordered the victim to make an ecological sugar and a fluent disease.

After deceiving the victim, the Defendant acquired the above food amounting to 12,00 won in total from the victim.

2. On May 12, 2013, at around 21:36, the Defendant deceptioned the victim by having the victim operate the said taxi to the G-si Park in Kimhae-si, by having the victim operate the said taxi to the 8,600 won in property benefits by having the Defendant operate the cab to the Dog Park in Kimhae-si, while working as if the Defendant did not have the intent or ability to pay the cab fee, and demanding the victim H to normally pay the cab fee.

3. On October 27, 2013, the Defendant: (a) entered a restaurant operated by the Victim J in Busan-gu, Busan-do; (b) on October 27, 2013, the Defendant issued an order for food to the extent that the Defendant did not have the intent or ability to pay the price; and (c) received food equivalent to KRW 8,000 in total from the victim, such as the cream and cream, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement and receipt from the D, H and J;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of imprisonment, taking into account the criminal records resulting from the same kind of crime as the option of punishment, and the fact that it is a repeated crime, shall be considered difficult;

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