(영문) 청주지방법원 2021.01.14 2020고단1346

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(영문) 청주지방법원 2021.01.14 2020고단1346

사기등

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On April 2, 2020, at around 19:40, the Defendant: (a) ordered the victim’s “D” restaurant operated by the victim C, which was located in Chungcheongnam-gun, Chungcheongbuk-gun; (b) that the victim would normally pay the food value despite having been provided with food from the victim; and (c) that the victim would normally pay the food value; and (d) that the victim would have received a fake paper equivalent to KRW 13,00,000 from the victim, and did not pay the food.

In addition, the Defendant received food equivalent to KRW 228,00 from each victims on 14 occasions in total, as indicated in the list of crimes in attached Table, even though he was provided with food from the victims from around December 18, 2019 to April 13, 202, but did not have any intent or ability to pay the food value, and did not pay it.

2. On April 22, 2020, the Defendant attempted to commit fraud in the “G” restaurant for the operation of the Victim F, which is located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnambuk-do, and the Defendant ordered that the Defendant would normally pay the food value to the victim, despite the absence of the intent or ability to pay the food from the victim even if he was supplied with the food from the victim, and that the Defendant attempted to obtain the food value by obtaining the delivery of sobin equivalent to the amount of KRW 18,000 from the damaged person’s market price. However, the Defendant did not commit an attempted crime due to the Defendant’s suspicion of payment ability and failed to deliver the fins prepared in accordance with the disposition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Application of each receipt statute;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 352 and 347(1) (the point of attempted fraud) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 62(1) of the Criminal Act (a) of the suspended execution

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