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(영문) 서울서부지방법원 2019.05.22 2018고단1593
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 5, 2018, the Defendant: (a) around 20:30, the fact in the “D” restaurant operated by the victim C on the first floor of building B located in Eunpyeong-gu Seoul Metropolitan Government, is that the Defendant ordered drinking and food as if he did not have the intent or ability to pay the price even if he/she drinks and drinks from the victim; and (b) he/she received from the victim the 1st class of the 1,4,000 won of the 6,000 won of the market price, and acquired it by deception.

2. The Defendant destroyed property: (a) was drunked at the time and place set forth in the preceding paragraph; (b) was boomed by the Defendant without any justifiable reason; (c) was able to remove the table table from the restaurant; and (d) the table table and the table table of the table table were parked in India.

Accordingly, the Defendant destroyed one of the victim C's tables, the market price of which is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Field and photographs of destruction;

1. Application of Acts and subordinate statutes on food value receipts;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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;

1. Reasons for sentencing (including the fact that there is a danger of re-offender and need to receive medical treatment for alcohol dependence, etc.) under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment and Custody, etc. Act;

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Fraud) (Fraud) (Fraud). The general fraud [Type 1] below 100 million won (Special Convicted Person]: The mitigated element of punishment: the mitigated area of punishment [the recommended area and the scope of recommendations], the mitigated area of punishment (the scope of recommendations and recommendations), and one month to one year;

B. The second crime (determination of types) (the destruction of and damage to property) shall include the destruction of and damage to property (Article 1).

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