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(영문) 서울남부지방법원 2015.07.17 2015고단2280
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 14, 2015, around 20:20, the Defendant ordered “E” restaurant operated by the victim D (the age of 46) located in Guro-gu Seoul Metropolitan Government, and the Defendant, even if provided alcohol and food, did not have the intent or ability to pay the price to the victim normally, ordered the Defendant to pay the price to the victim. In addition, the Defendant ordered the Plaintiff to pay the price to the victim as if he did not have the intent or ability to pay the price.

As above, the Defendant: (a) by deceiving the victim; (b) received 51,000 won in total from the market price from the victim; and (c) did not pay the price; and (d) acquired pecuniary benefits equivalent to the same amount.

2. Around 11:00 on June 15, 2015, the Defendant ordered “H” restaurant operated by the victim G (n, 55 years of age) located in Guro-gu Seoul Metropolitan Government F, and the Defendant, even if provided alcohol and food, did not have the intent or ability to pay the price but did not have the intent or ability to pay the price to the victim normally, and ordered me, me, bick-ju 2 disease, etc.

The Defendant, as above, by deceiving the victim and being provided by the victim with the land conference, etc. equivalent to the total market value of KRW 43,000,000, was not paid and acquired property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of D and G;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] The basic area (from six months to one year and six months) of types 1 (less than KRW 100 million) of the General Fraud [the scope of final sentencing due to the aggravation of multiple crimes with no special offender]: June to two years [the decision of sentence] [the defendant was sentenced for eight months from six months to two years [the decision of sentence]] of imprisonment with prison labor for the same crime, and two years and three years from the suspended sentence, and was sentenced for a crime during the suspended sentence period, and was again sentenced for a crime of this case, and again committed each crime of this case.

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