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(영문) 춘천지방법원 2013.08.29 2011고단1192
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 9, 2011, the Defendant was sentenced to six months of imprisonment with prison labor in the Chuncheon District Court due to night building intrusion, theft, etc., and completed the execution of the sentence on October 31 of the same year.

1. On November 27, 201, at around 02:00, the Defendant ordered alcohol and alcohol as if the Defendant would pay the amount at the E-place operated by the victim D in Chuncheon City, as if he were to pay the amount.

However, there was no money at that time and there was no intention or ability to pay the money even if the defendant received drinking and drinking from the victim.

The Defendant, as such, by deceiving the victim, received from the victim the delivery of the victim 20 beer with a total of KRW 815,00,00 in the market value of KRW 815,00, 20, 1 beer, etc.

2. On December 1, 201, the Defendant: around 00:27, at the Hju station operated by the victim G in Chuncheon City F, by deceiving the victim in the same manner as the stated in paragraph (1) of the said paragraph; and was issued from the victim the victim a total of KRW 325,00 in the market value of 325,00,00, 23,000, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement concerning G and D;

1. A receipt of each alcohol value;

1. Previous records indicated in judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal records, previous records, report on the results of confirmation of dispositions and investigation reports (report attached to summary orders, etc.);

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [decision of types] Fraud, general fraud, and type 1 (Disposition of Concurrent Crimes): None [decision of the recommended sphere] increased area, imprisonment with prison labor for not less than 6 months, but not more than 1 year and 6 months [Criteria for Suspension of Execution]

1. Main reasons for the entry: The previous and unpaid agreements;

2. Reasons for general participation: At least twice a period of suspension of execution, a person who has no effort to recover damage (defensively negative), and a serious reflect (defensive decision).

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