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(영문) 대구지방법원 2019.05.23 2019고단1295
사기
Text

A defendant shall be punished by imprisonment for 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

[2019 Highest 1295] On February 8, 2019, the Defendant: (a) around 02:00, at the “D main point” operated by the Victim C in Daegu Suwon-gu, as well as the Defendant was provided with alcohol and alcohol from the victim; (b) even if the Defendant did not have the means of payment, such as cash and card, during the number of times, and did not have the intent or ability to pay the price, the Defendant would normally pay the price.

As above, the Defendant, by deceiving the victim as above, was issued from the victim a 370,000 won or more, and received an alcoholic beverage and an alcoholic beverage.

Accordingly, the defendant was given property by deceiving the victim.

[2019 Highest 2305] On February 8, 2019, the Defendant: (a) around 02:00, at the “D main point” operated by the Victim C in Daegu Suwon-gu Suwon-gu, provided alcohol and alcohol from the victim; (b) even if he/she received alcohol and alcohol from the victim, he/she did not have the means of payment, such as cash and card, during the time, so he/she did not have any intent or ability to pay the price.

As above, the Defendant, by deceiving the victim as above, was issued from the victim a 370,000 won or more, and received an alcoholic beverage and an alcoholic beverage.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E and F;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, shall be determined as ordered.

The favorable circumstances: The facts of the crime are recognized and the errors are divided.The amount of damage is a small amount, and the circumstances unfavorable to the victims are the same as those of the victims:

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