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(영문) 대전지방법원 2017.11.08 2017고단265

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 2, 2014, the Defendant was sentenced to eight months of imprisonment for fraud in the Daejeon District Court on September 2, 2014 and completed the execution of the sentence in the Daejeon Prison on March 30, 2015.

Criminal facts

[2017 Highest 265] On January 9, 2017, the Defendant: (a) around 20:40, at the “E” singing room operated by the victim D in Daejeon-gu Daejeon-gu, Daejeon-gu; (b) the Defendant, despite having no intent or ability to pay the price, does as if he would normally pay the price; and (c) ordered the victim’s alcohol and alcohol, etc.; and (d) the Defendant was provided with alcohol and alcohol equivalent to KRW 265,000 in the same place from the damaged person.

[2017 Highest 903] On December 31, 2016, the Defendant issued an order for alcohol, alcohol, etc. to the victim under the “H main store” operated by the victim G (n, 57 years old) located in Daejeon Dong-gu, Daejeon (n, 57 years old) as one of the normal payments.

However, the fact did not have the intention or ability to pay the price even if the victim was provided with the alcohol or speech.

Nevertheless, the Defendant, by deceiving the victim as such, was provided with alcohol and alcohol equivalent to a total of 350,000 won in the market price in the same place by the victim.

[2017 Highest 3712] On August 25, 2017, the Defendant, at the point of “K” operated by the Victim J in Daejeon-gu, Daejeon-gu, Daejeon-gu, the Defendant, despite having no intent or ability to pay the price, performed as if he would normally pay the price, and ordered the victim to provide the victim with alcohol and alcohol equivalent to KRW 300,000,000,000 from the place of the damage.

Summary of Evidence

[2017 Highest 265]

1. Statement by the defendant in court;

1. Written statements of D;

1. Receipts to record the amount of damage;

1. Alcoholic beverages taken by the person under consideration and photographs of the scene of an alcoholic beverage, etc. of the person under consideration (2017 Height 903);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Simplified receipts:

1. On-site photographs (2017 Height 3712);

1. Statement by the defendant in court;

1. Written Statement 1.