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(영문) 광주지방법원 2017.10.11 2017고단2222 (1)
사기등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. "2017 Highest 222";

A. On March 21, 2017, around 08:22, the Defendant ordered the victim, as if he would pay the price, a 1 brucated and air bruced in the E-cafeteria of the victim’s D operation, which was located in Gwangju Seo-gu.

However, the defendant did not have any intention or ability to pay the price even if he received food from the injured party due to the lack of money.

In this regard, the Defendant, as seen above, was informed of the victim’s deception and the total amount of KRW 4,500,000, total market price of 1 ambling and air boomed by the victim.

B. The Defendant, at the above date and place, was demanded to pay the food cost from the damaged person.

At the same time, she continued to engage in abnormal actions, such as attaching a grass after the ending of the class while taking a bath, which interfered with the victim’s restaurant operation by force for about one hour, such as allowing customers to leave.

2. From July 10, 2017, the Defendant issued an order for one Daegu sugar to the victim, as the victim G would pay food value normally at around 14:40 on July 14:40, 2017.

However, there was no intention or ability to pay the price even if the defendant was supplied food to the injured party due to the lack of means of payment.

The Defendant, as such, by deceiving the victim, received food equivalent to KRW 9,00,00 at the market price from the injured party.

Summary of Evidence

"2017 Highest 222"

1. Partial statement of the defendant;

1. Written statements of D;

1. An investigation report (to attach photographs by cutting CCTVs to E cafeterias);

1. "Receipt 2017 Highest 2961";

1. Partial statement of the defendant;

1. G statements;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) (the point of interference with business), and Article 314 of the Criminal Act, the choice of imprisonment for a crime;

1. Articles 10(2) and 55(1) of the Criminal Act to reduce mental and physical drugs.

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