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(영문) 수원지방법원 평택지원 2014.03.12 2013고단1494
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2013 Highest 1494]

1. The Defendant, around 22:40 on July 13, 2013, was provided with the “Dhop” of the victim C’s operation in Ansan-si, Ansan-si, and the Defendant, despite the lack of intent or ability to pay the price, was provided with the victim’s 2 disease in the amount of KRW 18,000 in the market price as if he were to pay the alcohol value.

Accordingly, the defendant, by deceiving the victim, obtained pecuniary benefits equivalent to 18,000 won.

2. Around 15:00 on July 14, 2013, the Defendant was provided with the “G” of the victim F’s operation in Ansan-si, Ma, Ansan-si, and the Defendant was provided with the victim’s net 17,000 won at that place as if the Defendant did not have the intent or ability to pay the said amount, and as if he did not have the intent or ability to pay the amount, the Defendant had the intent or ability to pay the amount.

Accordingly, the defendant, by deceiving the victim, obtained property benefits equivalent to 17,000 won.

[2013Kadan1562] On August 9, 2013, the Defendant was provided with alcohol and alcohol equivalent to 19,000 won at the market price on the same place by deceiving the victim, even though the victim had no intention or ability to pay the price even if the victim provided alcohol and alcohol, and the Defendant was provided with alcohol and alcohol equivalent to 19,000 won at the market price on the same place.

Accordingly, the defendant, by deceiving the victim, obtained pecuniary benefits equivalent to 19,000 won.

Summary of Evidence

[2013 Highest 1494]

1. Defendant's legal statement;

1. A written statement of C and F;

1. Each account statement [2013 Highest 1562]

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on sales account books and field photographs;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes (the scope of recommending punishment) is the fraud crime group.

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