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(영문) 대구지방법원 포항지원 2019.03.06 2018고단1612

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On March 29, 2007, the Defendant was sentenced to two years and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) at the Daegu High Court on April 13, 201, sentenced to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court and its Daegu District Court on April 13, 201, and on December 20, 2013, the Defendant was sentenced to four years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court on December 12, 2017, and the execution of the sentence was completed in the G Daegu Northern District Court on August 12, 2017. The judgment became final and conclusive on September 13, 2018.

【Criminal Facts】

1. On November 10, 2017, the Defendant sent the same attitude to pay the amount at the “D” main points of the victim C’s operation located in Daegu Dong-gu, Daegu-gu, Seoul-gu, and ordered the victim to be engaged in beer, etc.

However, since there was no money in possession at the time, there was no intention or ability to pay the price even if the victim received food from the victim.

The Defendant was provided from the victim with 49,000 won in total at the market price of 49,000.

Accordingly, the defendant was given property by deceiving the victim.

2. Violation of the Aggravated Punishment Act;

A. On February 14, 2018, around 00:45, the Defendant drinking alcohol in the “G” operated by the Victim F in Daegu E, and the Defendant carried out 400,000 won in cash, which was owned by the victim under his/her supervision, who was under his/her supervision, in a cresh in the toilet, and carried out 30,000 won in the market price where there was a copy of the Nong CF, No. 30,000 in the market price where there was a cresh in the toilet.

B. On May 20, 2018, the Defendant drinked alcohol and food at the main point of “J” in the operation of the victim I located in the Northern-gu, Northern-si, Ma on May 20, 2018, and requested the victim to calculate the price, and the Defendant issued the Defendant’s physical card and driver’s license to the victim.