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(영문) 의정부지방법원 고양지원 2014.05.30 2013고단2021
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2013 Highest 2021]

1. On October 31, 2013, the Defendant issued an order for alcohol and alcohol to E, an employee, as if he/she had the ability to pay the alcohol value even if he/she did not have the intent or ability to pay the alcohol value even if he/she received an order for drinking, and the Defendant received from the victim alcohol and alcohol equivalent to 3.50,000 won of the market value.

[2014 Highest 553]

2. Around 02:20 on February 14, 2014, the Defendant: (a) had no intent or ability to pay the price even if he/she was provided with alcohol, etc. from the victim; (b) committed an act as if he/she would have paid the price; and (c) obtained the Defendant’s 20,000 won and her female entertainment loan from the victim and obtained the Defendant.

Summary of Evidence

[2013 Highest 2021]

1. Defendant's legal statement;

1. E statements;

1. A receipt for the alcoholic beverage value [2014 shortest 553]

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. The reason for the sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes committed in the crime of fraud as of February 14, 2014 with a heavier penalty) [the scope of recommending punishment] the basic area (6-100 million won or less) (6 months or less) of category 1 (the scope of recommending punishment] [decision of sentence] of the basic area (6-1 year or six months), despite a large number of fraudulent power of the same or similar kind of crime, the defendant committed the crime of this case again, and was determined by taking into account the fact that it is not the so-called living type, but the so-called livelihood type

It is so decided as per Disposition for the above reasons.

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