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(영문) 의정부지방법원고양지원 2020.11.26 2020고단2295

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On October 17, 2019, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court, and completed the execution of the sentence on April 18, 2020.

【Criminal Facts】

1. The Defendant, on August 13, 2020, ordered alcohol and alcohol to be paid to the victim as if the victim C would pay the normal drinking value to the victim, which was operated by the victim C in the Goyang-dong-dong-dong-gu, Goyang-si, Goyang-si (Seoul) around 23:00.

However, in fact, there was no cash that could pay the drinking value at the time, and there was no credit card balance, and there was no special revenue or property, so there was no intention or ability to pay the drinking value to the victim.

The Defendant, as such, by deceiving the victim, was provided with the two domestic shares equivalent to the market value of KRW 380,000 from the victim.

2. On August 3, 2020, the Defendant committed the crime of 2020 Godan2788, around 03:57, at the “F” located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Busan, as if he would pay the amount to the employees G of the victim, and ordered the Defendant to provide alcohol and food.

However, the defendant was not in possession of money at the time and did not have the intention or ability to pay the price even if he was provided with alcohol and food from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, did not pay 22,00 won in total from the victim and received 22,000 won in total from the victim, and did not pay 1 disease, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

[200 Highest 2295]

1. Defendant's legal statement;

1. C’s statement;

1. The related photograph and the damage receipt;

1. Previous records of judgment: Criminal records, etc. and the current status of confinement (2020 highest 2788);

1. Application of CCTV video CD-related Acts and subordinate statutes to the defendant's legal statement G in the F restaurant;

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

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;