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(영문) 창원지방법원 2020.06.12 2020고단847
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

around 17:30 on March 7, 2020, the Defendant: (a) was “D cafeteria” operated by the Victim C located in Gwanak-gu, Chungcheongnam-gu, Changwon-si; and (b) was aware that the Defendant had no intent or ability to pay the drinking value, etc. but had been paid normally; (c) by deceiving the victim; and (d) was provided with alcohol, food, etc. equivalent to KRW 44,00,000, market price, such as satisfaction, drinking water, and small liquor 2 disease, etc. from around that time.

3. By December 3, 198, the victims were provided with an alcoholic beverage amounting to KRW 90,000 and an alcoholic beverage amounting to KRW 90,00,000.

Accordingly, the defendant, by deceiving victims, acquired property equivalent to KRW 90,000.

[200 Highest 1684]

1. On November 11, 2019, the Defendant: (a) on November 19, 2019, at G cafeteria operated by the victim E in Jinju-si; (b) on the fact, despite the absence of the intent or ability to pay the drinking value, etc., the Defendant deceiving the victim as if he would normally pay the said amount; and (c) was provided with alcohol and food equivalent to KRW 18,000 at the market price, such as sugars, small 2 disease, etc., by the victim.

2. The Defendant, at around 06:00 on November 12, 2019, was provided with alcohol and food equivalent to KRW 19,000 at the market price of the ship station, the ship station, and the ship station, and the ship station, and the ship station, and the ship station, and the ship station, and the ship station, were provided with food and beverages equivalent to KRW 19,00 at the time of the ship station, the ship station, and the ship station, and the ship station.

Summary of Evidence

[200 Highest847]

1. Statement by the defendant in court;

1. Each statement;

1. Invoice, each receipt, and each on-site photograph;

1. Statement by the defendant in court;

1. Each statement;

1. Application of each receipt statute;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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