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(영문) 창원지방법원 통영지원 2018.02.06 2017고단1823

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Changwon District Court’s branch branch on January 26, 2017, and the judgment was finalized on February 3, 2017, and the suspended sentence was revoked due to a violation of the Act on the Observation, etc. of Protection, etc., and is currently serving in the Tong Young-gu detention center.

[Criminal facts]

1. On December 9, 2016, the Defendant, at around 04:30 on December 9, 2016, received approximately KRW 440,00,00 in total from the injured party, and acquired pecuniary benefits equivalent to the same amount by being provided with the victim, who had no intent or ability to pay alcoholic beverages, etc., despite the lack of any intention or ability to pay alcoholic beverages, as if he would pay the alcoholic beverage value, as if he would have paid the alcoholic beverage value.

2. Around 04:00 on August 7, 2017, the Defendant: (a) provided the victim F with no cash at the time at G amusement station operated by the victim F in Young-si; and (b) provided the victim with the victim’s e-mail with the e-mail card that did not have any intent or ability to pay alcoholic beverages, etc. due to the lack of remaining high-priced value; (c) provided the victim with the e-mail that “the e-mail differs from alcohol and alcohol”; and (d) provided the victim with approximately KRW 1,230,000 by providing the victim with the e-mail and alcohol equivalent to the e-mail.

3. At around 02:50 on September 28, 2017, the Defendant: (a) provided the victim I with no cash at his singing room operated by the victim I; and (b) provided the victim with the victim with a false statement of intent or ability to pay the amount of alcoholic beverages, etc., despite the lack of any remaining high-priced level; (c) provided the victim with approximately KRW 720,000 in total, including the two weeks, and acquired pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. A written statement of I;

1. Governance cards with a victim;

1. A report on internal investigation;