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(영문) 서울남부지방법원 2020.02.11 2019고단3256
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 24, 2019, around 22:00 on May 24, 2019, the Defendant issued an order for alcohol and food to the victim when: (a) the Defendant, at the “D” restaurant operated by the victim C in Geumcheon-gu Seoul Metropolitan Government, he/she did not possess cash and means of payment; and (b) the Defendant, despite the fact that he/she was unable to pay the price despite being unable to do so, ordered the payment.

In other words, the defendant is the victim of the second-class disease, the second-class disease, the second-class 3 mari, the death.

A total of 8,00 won of the market price, such as one disease, remaining stuff, etc., was provided with alcoholic beverages and food.

Accordingly, the defendant was given property by deceiving the victim.

2. On June 11, 2019, around 08:00 on June 11, 2019, the Defendant ordered the Defendant to provide alcohol and food to the “G” restaurant operated by the Victim FF in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, as the Defendant did not possess cash and means of payment, and did not have the intent and ability to pay the amount despite having the absence of payment.

The Defendant was provided from the victim with alcoholic beverages and food equivalent to 26,00 won in total of market prices, such as 2 disease, 1 person, roasting one person, and drinking water.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and C;

1. Application of each receipt, a photograph at the time of committing a crime, a CCTV image photograph at the scene of a crime, and statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The recommended range of punishment according to the sentencing guidelines [the decision of type] is the recommended range that there is no recommendation range of less than KRW 100 million (the person specially punished).

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