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(영문) 대구지방법원 경주지원 2018.05.24 2018고단159
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 31, 2017, at around 18:30, the Defendant issued a “E” restaurant for the victim D’s operation in racing-si, and even if it does not have cash or credit card payment means under water and orders food and alcoholic beverages, the Defendant would have done as if he would normally pay the price despite the absence of the intent or ability to pay the price, and the Defendant ordered the victim to pay the price in spite of the absence of the intention or ability to pay the price. On the other hand, the Defendant ordered the victim to pay KRW 7,000,000 at one c5,00,000 won of the market price, and even if he received the said food and alcoholic beverages from the injured party,

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On November 5, 2017, at around 01:40, the Defendant’s main point of “H” in the operation of the Victim G G, which was located in the racing-si, and even if the Defendant orders food and alcoholic beverages as a result of a lack of cash or credit card payment means during the number of times, despite having no intent or ability to pay the price, the Defendant would have run as if he would normally pay the price despite the absence of the intent or ability to pay the price. The Defendant ordered the Victim to pay one of the unique alcoholic beverages equivalent to KRW 40,000 and six of the market price of KRW 20,000, and even if he received the said food and alcoholic beverages from the injured party, the Defendant

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Article 347 (1) of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for each crime under the corresponding provision of the Act;

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 Act on the Suspension of Execution provides that the reasons for sentencing under Article 62(1) of the Criminal Act, the victims want to leave the Defendant’s wife by agreement with the victims, and there is no record of punishment for fraud as in the instant case since 2010, and the disease is suffering from both polar and dynamic disorder, etc.

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