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(영문) 의정부지방법원 2014.09.05 2013고단2622
사기
Text

A defendant shall be punished by imprisonment for 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

"2013 Highest 2622"

1. On May 15, 2013, the Defendant ordered 'E' operated by the victim D in Yangju-si, which is equivalent to 40,000 won of Ma10 sick market price, 30,000 won of Ma20,000 of Ma20,000 of Ma20,000 of Ma20,000 of Ma20,000 of Ra20,000 of Ra20,000 of Ra20,000 of the market price.

However, the defendant did not have any intention or ability to pay the above price.

The Defendant obtained economic benefits equivalent to the same amount as the Defendant did not pay the price, even though the Defendant received alcoholic beverages, etc. by making a false statement to the victim.

2. At around 01:05 on July 24, 2013, the Defendant ordered 60,000 won, including 5 bottles and 60,000 won, from the “H dan dan operated by the victim G in Yangju-si F.

However, the defendant did not have any intention or ability to pay the above price.

The Defendant obtained economic benefits equivalent to the same amount as the Defendant did not pay the price, even though the Defendant received alcoholic beverages, etc. by making a false statement to the victim.

around 02:00 on July 23, 2013, the Defendant ordered alcohol and alcohol to the victim at the “K” entertainment drinking house operated by the victim J in Dong-si, Dong-si, Do-si, as if he would pay the alcohol value to the victim.

However, there was no intention or ability to pay the price even if the victim was provided with alcoholic beverages and transportations.

The Defendant, by deceiving the victim as such, received a total sum of KRW 232,500 from the victim and acquired the alcohol and food in a total of KRW 232,50.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Written statements of G, D and J;

1. Application of each receipt statute;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

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

1. Article 62 of the Criminal Act:

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