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(영문) 대구지방법원 김천지원 2019.10.11 2019고단563

사기

Text

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

Reasons

Punishment of the crime

On January 18, 2017, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Daegu District Court Kimcheon Branch, and on October 12, 2017, the period of the suspension of execution, the Defendant was sentenced to four months of imprisonment for fraud, etc. at the Daegu District Court on March 14, 2018, and the said judgment became final and conclusive on March 14, 2018, and the sentence of the said suspension of execution was terminated on September 27, 2018.

1. On May 21, 2019, the Defendant issued an order for alcohol, alcohol, and so on to the victim as if the victim C would normally pay the drinking value at the “Dju store” operated by the victim C in Gumi-si B.

However, the defendant did not have any intention or ability to pay the drinking value because he has no cash or other means of settlement in his possession.

The Defendant, by deceiving the victim as above, obtained a total of 308,000 won from the victim, including 12-year flives per 12-year flives, clives, and 1 tonives.

2. On May 22, 2019, the Defendant ordered the victim’s alcohol, alcohol, and alcohol, etc., as if the victim F operated by the victim F in the Gumi-si E would normally pay the alcohol value.

However, the defendant did not have any intention or ability to pay the drinking value because he has no cash or other means of settlement in his possession.

The Defendant, by deceiving the victim as above, obtained the victim a total of KRW 200,00,00 from the victim with the victim’s 1st share of the Marty master, and acquired the same by deception from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F and C;

1. All on-site photographs;

1. Each simplified receipt;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (the period of repeated crime of a suspect and confirmation of the same kind of power), application of statutes, such as judgment;

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;