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(영문) 창원지방법원 통영지원 2014.04.23 2014고단220

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On August 29, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and the execution of the sentence was terminated on January 14, 2014.

【Criminal Facts】

1. The Defendant, at around 20:40 on March 13, 2014, committed the crime at “C Singing”, ordered the victim to pay the price, despite the absence of the intent or ability to pay the price even if he/she was provided with drinking and gambling services due to the lack of certain import after having been released from the Singing Detention House on January 14, 2014. The Defendant was provided with alcohol and gambling services worth KRW 290,000 in total at the market price from the victim.

2. On March 15, 2014, the Defendant committed a crime in “F entertainment drinking club” (hereinafter “F entertainment drinking club”) with the “employee” (hereinafter “F entertainment drinking club operator”) around 04:10, 201, despite the absence of the intent or ability to pay the price even if he was provided with drinking and gambling services, etc. from the victim (hereinafter “victim”) for the same reason as indicated in the foregoing paragraph (1), the Defendant ordered H to pay the price. The Defendant was provided with alcohol and gambling services equivalent to KRW 320,00 in total market value from the victim.

3. On March 19, 2014, at around 03:40, the Defendant committed a crime in “I entertainment tavern”, even though he was unable to have the intent or ability to pay the price even if he was provided with alcohol and gambling services from the victim for the same reason as the above paragraph (1), the Defendant ordered the victim as if he was paid the price. The Defendant was provided with alcohol and gambling services worth KRW 470,000 in total at the market price from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of K, E, and H;

1. Each receipt, statement of charges, each investigation report, and photographs of the scene of the crime;

1. The decision making process: