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(영문) 대구지방법원 2017.04.26 2016고단5527
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around 13:00 on October 7, 2016, the Defendant issued an order for drinking 2 concurrently as if he would normally pay the price, and if he would not have any intention or ability to pay it, the Defendant would normally pay it.

The Defendant, as above, did not pay 14,000 won of the price, even though he deceivings the victim and received alcohol and alcohol from the injured party, thereby acquiring pecuniary benefits equivalent to the said amount.

On October 8, 2016, the Defendant issued an order for food and drink with the victim G, operated by the victim G in Daegu-gu, Daegu-gu, 09:00 on October 8, 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 food and beverage.

In the end, the Defendant received from the injured party the 1st century, the 1st, the 1st, the 1st, the 1st, the 3st, and the 18,000 won food and alcohol in total.

Summary of Evidence

[2016 Highest 5527]

1. Statement by the defendant in court;

1. Written statements of D;

1. A receipt (2016 high group 5881);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes include a large number of criminal convictions against the defendant, and the same method commits repeatedly in a short period of time, and the fact that the defendant seems not to have shown good faith is unfavorable.

On the other hand, the amount acquired by the defendant is a small amount, and the fact that the defendant agreed with the victims is favorable.

The punishment shall be determined as per the order by taking into consideration all the circumstances prescribed in Article 51 of the Criminal Act, such as the age and conduct of the defendant.

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