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(영문) 창원지방법원 마산지원 2017.11.14 2017고단582

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 11, 2016, the Defendant was sentenced to six months of imprisonment for fraud in the Changwon District Court's Msan Branch, and completed the execution of the sentence in the Common Detention House on January 23, 2017.

[2] On March 21, 2017, the Defendant ordered food, etc. as if he would normally pay the food cost at the cafeteria operated by the members of the Changwon-si, Changwon-si, the members of the Changwon-si, the 2017 Highest 582.

However, the defendant did not have the intention or ability to pay the food cost.

As above, the Defendant: (a) by deceiving the victim; and (b) provided the victim with KRW 47,50 of the market value of KRW 47,500 to 3 sick, beer 1 sick, and beer 2 per share.

"2017 Highest 965"

1. On September 26, 2017, at around 21:30, the Defendant was provided with alcohol and food equivalent to KRW 24,00,00, at the main point of “G” operated by the Victim F in Changwon-si E, Changwon-si, the Defendant: (a) was doing as if he would pay the price; and (b) was demanded to the victim for alcohol and food; and (c) was provided with alcoholic beverages and food equivalent to KRW

However, there is no intention or ability to pay the price even if the defendant was provided with drinking and food from the injured party because of the lack of money.

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

2. On September 26, 2017, at around 22:30, the Defendant was provided with alcohol and alcohol equivalent to KRW 40,000 in the market price, following the Defendant’s “OOO” restaurant operated by the victim I located in the Changwon-si, Changwon-si.

However, there is no intention or ability to pay the price even if the defendant was provided with drinking and food from the injured party because of the lack of money.

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

Summary of Evidence

"2017 Highest 582"

1. Statement by the defendant in court;

1. Statement of the police made to D "2017 Highest 965";

1. Statement by the defendant in court;

1. The protocol of police statements made to I and F by each police station "before the judgment";

1. Written inquiries, such as criminal history;