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(영문) 서울북부지방법원 2016.10.13 2016고단1860
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 22:00 on April 14, 2016, the Defendant issued an order for food of KRW 37,000 and KRW 19,500 to the victim F, a general manager, to pay the food cost at the first floor of the D hotel located in Jung-gu Seoul Metropolitan Government (E), and issued an order for food of KRW 37,000 and KRW 19,500,000. However, the Defendant did not have money possessed at the time, so there was no intention or ability to pay the cost even if he received food from the victim. The Defendant, by deceiving the victim, was provided with food of KRW 56,50,00 in total, from the victim to the market price. Accordingly, the Defendant, despite having had the victim receive property on February 2016 and 2347, the Defendant did not appear to have the intent to pay the cost to the victim at the end of Seoul Special Metropolitan City, Nowon-gu Police Station on April 15, 2016.

Summary of Evidence

[2016 Highest 1860]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A written statement of the F [2016 Height2347];

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. G statements;

1. Application of Acts and subordinate statutes on charges receipt;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The defendant and his defense counsel concerning the assertion of the defendant and his defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, alleged that the defendant had a state of mental disability at the time of the crime of this case, but based on the above-mentioned evidence.

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