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(영문) 창원지방법원밀양지원 2020.09.22 2020고단253

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 11, 2014, the Defendant was sentenced to a suspended sentence of two years for the crime of causing property damage in Changwon District Court, and on October 15, 2015, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Punishment of Violences, etc. Act (joint conflict) in the same court on April 28, 2016, and the said suspended sentence became final and conclusive on April 28, 2016, and completed the execution of the final sentence in the Busan Prison on November 18, 2016.

On the other hand, on April 16, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of destroying and damaging special objects in the Changwon District Court’s smuggling support on April 16, 2019, and the said judgment became final and conclusive on April 24,

【Criminal Facts】

1. Fraud;

A. On December 8, 2018, the Defendant: (a) committed a crime on December 8, 2018, with the victim C’s “D’s singing room,” which was operated by Singyang-si, Singyang-si; (b) took place as if he would normally pay the value of the completion to the victim; and (c) ordered the victim to provide the alcohol.

However, in fact, the Defendant did not have a fixed occupation at the time and did not have any special property under the name of the Defendant. Therefore, even if the Defendant received alcohol and service from the victim, he did not have the intent or ability to pay the price normally.

Nevertheless, the Defendant, by deceiving the victim as above, was provided with beer service with 300,000 won in total at the market price from the victim.

B. Around December 13, 2018, the Defendant ordered the Defendant to perform the alcohol as if he would normally pay the alcohol value to the victim under the “D Sing shop” operated by the victim C in Singyang-si, Singing-si, Sing-si, Sing-si, Sing-si, and having the victim paid the alcohol value to the victim as if he would normally pay the alcohol value.

However, in fact, the Defendant did not have a fixed occupation at the time and did not have any special property under the name of the Defendant. Therefore, even if the Defendant received alcohol and service from the victim, he did not have the intent or ability to pay the price normally.

Nevertheless, the Defendant is the victim as above.