(영문) 서울북부지방법원 2019.01.31 2018고단2810

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2019.01.31 2018고단2810

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[2018 Highest 2810] Around 07:30 on July 4, 2018, the Defendant showed the same attitude that the Defendant would normally pay the amount to the victim, despite having no intent or ability to pay the amount even if the Defendant received food and alcoholic beverages from the victim, he/she acquired the property amounting to 11,000 won at the market price by being provided with the sea area and the smallest 1 disease from the victim.

[2018 Highest 4231] On October 9, 2018, the Defendant: (a) had the intent or ability to pay the price even if he was provided with alcohol and food; (b) had the intent or ability to pay the price; (c) had the victim taken the same attitude as he had paid the price; and (d) had the victim taken the victim by deceiving him, who had been provided with 30,000 won or less.

[2018 Highest 4302] The Defendant, at around 10:20 on October 18, 2018, expressed the same attitude that the Defendant would normally pay the amount to the victim despite having no intention or ability to pay the amount even if the Defendant received food and alcohol from the victim, he/she acquired the property equivalent to KRW 11,500 at the market price by receiving one disease from the victim.

Summary of Evidence

[2018 Highest 2810]

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. The payment receipt received by the suspect;

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. The receipt of the price that the suspect has failed to pay;

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement to I;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

참조조문

-형법 제37조

-형법 제347조 제1항

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