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(영문) 제주지방법원 2018.01.12 2017고단1930
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On April 21, 2017, around 20:00, the Defendant issued orders to the victims with the same attitude that the victim D would pay the normal price at the E entertainment shop operated by the victim D in Jeju.

However, the defendant did not have the intent or ability to pay costs to the victim even if he was provided with alcohol and alcohol from the injured party.

Accordingly, the Defendant, by deceiving the victim, was provided with alcohol and alcohol equivalent to KRW 400,00 from the victim.

2. On April 28, 2017, around 20:30, the Defendant ordered beer and beer to the victim under the same attitude that the Defendant would pay the normal price at the H amusement shop operated by the victim G in Jeju.

However, the defendant did not have the intent or ability to pay costs to the victim even if he was provided with alcohol and alcohol from the injured party.

Accordingly, the Defendant, by deceiving the victim, was provided with 120,000 won of alcohol and communication from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. Receipt (E) and receipt (H) application of Acts and subordinate statutes;

1. Relevant 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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that the total amount of damage to each of the crimes of this case does not exceed KRW 520,000,000, but the damage has not been recovered and the defendant has been punished for the same crime more than 10 times but the crime is bad in light of the fact that

However, the fact that the defendant suffers from alcohol dependence, and the health condition of the defendant seems to have affected each crime, and that he/she is currently under voluntary medical treatment and will not repeat the crime.

It has been punished more than a fine since 2009.

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