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(영문) 서울남부지방법원 2013.07.03 2013고단845
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

On March 15, 2013, at around 23:00, the Defendant ordered food as if he would normally pay the value of food to the victim D, operated by Yeongdeungpo-gu Seoul Metropolitan Government, and as if he would normally pay the value of food to F.

However, the defendant did not have any intention or ability to pay the food value even if he/she ordered food because he/she had no money during the time.

The Defendant, as such, by deceiving F, received from F the delivery of 4,900 won or more from F.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crime (or choice of imprisonment, in consideration of the fact that the criminal defendant repeatedly commits the crime of this case even though he/she had been punished several times as a fine for the same kind of crime);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that the defendant reflects his mistake and that he agreed with the victim);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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