logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2018.08.14 2018고단641
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On June 13, 2018, the Defendant ordered the employees F of the said main place with an order of 10 to engage in the instant main place of delivery, as the Defendant had an intent or ability to settle the amount at the “Esing shop” operated by the victim D, which is located in Guro C on June 13, 2018.

However, the defendant did not have any intention or ability to pay the price even if he was provided with ten or more weeks of beer, since there was no credit card which could be cash or settlement at the time, and therefore, he did not have any intention or ability to pay it.

Nevertheless, the defendant deceivings the above F, and thereby deceivings it from the above F, which is equivalent to the market value of 180,000 won which is the victim's possession.

2. On June 13, 2018, at around 04:54, the Defendant ordered the said cafeteria’s employees J to one of the two-half-lanes each week, as the Defendant had the intent or ability to settle the payment in the “I cafeteria” operated by the victim H of the victim H in the Gu-U.S. city.

However, the defendant did not have an intention or ability to pay the price even if he received from the above J for the second half of the calendars, because he did not have a card capable of cashing or settlement at the time.

Nevertheless, the defendant deceiving the above J as above, and he was provided by the above J with a portion of 15,00 won in the market price of the victim's possession from the above J, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of F and J;

1. Each receipt; and

1. Application of Acts and subordinate statutes on site photographs;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [Scope of the recommended punishment] General Fraud (less than KRW 100,00). The mitigation area (one month to one year) (person subject to special mitigation) is not subject to punishment;

2. The amount of damage caused by the instant crime is relatively minor, and the Defendant is the victims.

arrow