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(영문) 대전지방법원 공주지원 2017.10.27 2017고단161

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 14, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Daegu District Court on June 22, 2016, and was again detained on July 22, 2016, and was sentenced to six months of imprisonment with prison labor for fraud in the former District Court military support on January 13, 2017, and appealed and appealed, but the appeal was dismissed by the Supreme Court on May 19, 2017, but the Defendant was released by the ruling of revocation of detention at the military prison on April 25, 2017, and the same criminal records were committed on 31 occasions.

[2] On May 17, 2017, the Defendant: (a) took the same attitude as the Defendant would normally pay the value of the completion to the Esing clubs operated by the victim D, the victim D, a public official of the Republic of Korea, around 21:00 on May 17, 2017; (b) ordered the employees F to provide alcohol; and (c) was provided by the F with 150,000 won and 1 bottles, and the employees were provided with entertainment.

However, there was no intention or ability to pay the amount even if the defendant received alcoholic beverages from the injured party due to the lack of cash or credit card or other means of payment.

As such, the Defendant, by deceiving the victim, received property equivalent to KRW 180,000 and acquired pecuniary benefits.

On May 19, 2017, the Defendant, “2017 Highest 284, the Defendant, at around 21:30 on May 19, 2017, entered the I set up a soup room managed by the victim H in Daejeon Dong-gu Daejeon, as if he would pay the price normally.

However, there was no means of payment such as cash or credit card at the time and there was no intention or ability to pay soup fee, food cost, etc.

Nevertheless, the Defendant, by deceiving the victim as such, obtained the right to make soup from the victim and stayed in the place from 09:00 on the following day, and did not pay 28,800 won in total, even if he did so, and did not pay 28,800 won in total.