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(영문) 전주지방법원 정읍지원 2017.08.31 2017고단173
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 18, 2017, the Defendant, “2017 Highest 173,” showed the attitude that the victim would pay the alcohol value to the victim in the “E” restaurant in the operation of the victim D in the regular Eup/Myeon, and ordered the alcohol and food.

However, the facts did not have the intention or ability to pay the excule value even if the excule and the excule are provided by the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received the victim with alcohol and alcohol equivalent to a total of KRW 19,000,000, such as beer 2 C, etc. from the victim; and (b) acquired it by deception; (c) from that time to April 15, 2017, the Defendant acquired the victim with alcohol and alcohol equivalent to a total of KRW 180,50,000 throughout 11 times.

On August 11, 2017, the Defendant, “2017 Highest 309,” showed the attitude that the victim would pay the alcohol value to the victim at the “H” point of the “H” point of the management of the victim G in Jung-Eup, Jung-gu, Seoul Special Metropolitan City.

However, the facts did not have the intention or ability to pay the excule value even if the excule and the excule are provided by the injured party.

Nevertheless, the defendant deceivings the victim as above, and acquired the victim with an alcoholic beverage of 17,00 won in total from the market price, such as beer 2 Byung, etc.

Summary of Evidence

"2017 Highest 173"

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written statements of D, J, K, L, M, N,O, P, Q, and R;

1. Each receipt "2017 Highest 309";

1. Statement by the defendant in court;

1. G statements;

1. Application of the receipt statute

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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. Suspension of execution under Article 62 (1) of the Criminal Act (The consideration of favorable circumstances, such as the reflection of mistakes and the amount of damage is relatively minor);

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