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(영문) 춘천지방법원 강릉지원 2014.12.10 2014고단856

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal power] On May 28, 2013, Defendant A was sentenced to one year of imprisonment for fraud, etc. in the Gangnam Branch Branch of the Chuncheon District Court. On November 5, 2013, Defendant A completed the execution of the sentence in the Gangnam Prison.

Defendant

B On September 17, 2014, the same court was sentenced to two years of suspended sentence due to larceny, etc., and the above judgment became final and conclusive on September 25, 2014.

【Criminal Facts】

1. Defendant A’s sole criminal conduct around June 1, 2014, around 21:30, at the “G main store” operated by the Victim F in the East Sea E, Defendant A, as if he were to pay for alcohol, alcohol, etc., and ordered the victim to provide alcohol.

However, the defendant did not have any intention or ability to pay the price because there is no means of settlement such as cash or credit card.

As such, the Defendant, by deceiving the victim and being provided alcoholic beverages, etc. equivalent to KRW 308,00 at the market price from the victim’s time and time to September 5, 2014, by the same method as indicated in the attached list of crimes, acquired property from the victims in total amount of KRW 3,177,00,000, as shown in the attached list of crimes.

2. On September 4, 2013, the Defendants’ co-offenderd with the Defendants: (a) around 22:30 on September 4, 2013, at the “J points” operated by the victim I in Gangseo-si H, as if they would pay for alcohol and alcohol; and (b) ordered the victims to provide alcohol and alcohol.

However, the Defendants did not have any intent or ability to pay the price due to the lack of the means of settlement such as cash or credit card.

As such, the Defendants were provided with property worth KRW 570,000 in total at the market price by deceiving the victim as such and providing the victim with alcohol and speech.

As a result, the defendants conspired to acquire the property of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of K, L, or M;

1. Each written statement of F, N,O, P, Q, R, S, T, U, V, I, and W;

1. Invoice (F), N, R,O, P, K, S, L, M.