logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.09.28 2017고단5159
사기등
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

"2017 Highest 5159"

1. On August 12, 2017, from around 10:00 to around 10:50 on the same day, the Defendant entered the “E” managed by the victim D in Guro-gu Seoul Metropolitan Government, Guro-gu Seoul Metropolitan Government, and ordered a kimchi dog, a small-scale week, and 1 disease.

However, in fact, the defendant was engaged as if he had no intention or ability to pay food values, and he was engaged in the normal calculation, and he was provided with alcohol and food equivalent to 9,000 won from the injured.

2. At the same time and place as paragraph (1) of this Article, the Defendant: (a) was stolen by a victim of Chinese tobacco 1,00 won in the market value of KRW 10,00,00, in which the victim’s name is unknown; (b) a victim of Chinese tobacco 1, in which the victim’s name is kept on the second floor, was cut off by using the gap between personal reporters on the second floor; (c) around April 14:56, 2018, the Defendant received an order of food equivalent to KRW 45,00 in total, as the Defendant was placed in the H restaurant operated by the victim G in Guro-gu Seoul Metropolitan Government F on April 1, 2018; and (d) the fact was in fact in the H restaurant operated by the victim G in Guro-gu, Seoul, without the intent or ability to pay the food value.

Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes on receipts, food and stolen tobacco related to a non-exclusive food, and a simple receipt of the drinking value;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The fact that the defendant confessions the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the amount of damage is not significant, G has reached an agreement with the victims, the defendant has a large number of criminal records of the same kind, and the defendant has failed to appear on the date of the public trial of this case without justifiable grounds, and the defendant's age and age.

arrow