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(영문) 제주지방법원 2013.06.28 2013고단508
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On April 14, 2013, around 20:30 on April 14, 2013, the Defendant issued an order for alcohol and alcohol to the victim B, while doing so as to pay the victim a normal drinking value, etc.

However, the fact did not have the intention or ability to pay the price even if the victim received the alcohol and speech from the victim.

The Defendant, by deceiving the victim as such, received from the victim one disease, etc. in an aggregate of 200,000 won of the market price in the same place, and fraudulently acquired it.

2. Around 01:00 on April 15, 2013, the Defendant issued an order for alcohol and alcohol as if the victim would pay the victim a normal drinking value, etc. from the “G main points” in the operation of the Victim E, which was located in Jeju.

However, the fact did not have the intention or ability to pay the price even if the victim received the alcohol and speech from the victim.

The Defendant, by deceiving the victim as such, obtained a total of 2,50,000 won of the market price from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. B written statements;

1. Application of each receipt statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. It is so decided as per Disposition by taking into account the following factors: (a) the Defendant’s history of the same crime is several times in sentencing under Article 62(1) of the Criminal Act; and (b) the Defendant’s choice of imprisonment is not a large amount of 4.50,00 won; and (c) the amount of damage is not a large amount of 4.50,000 won; and (d) all of

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