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(영문) 부산지방법원 2019.07.26 2019고단1169

사기

Text

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

Reasons

Punishment of the crime

On April 11, 2018, the Defendant was sentenced to one year of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence at the Busan Detention House on January 23, 2019.

around 23:00 on March 21, 2019, the Defendant, “2019 Highest 1169”, committed as if he would pay the drinking value, etc. from the “Duding shop” operated by the victim C in Busan Jung-gu, Busan, and ordered the above victim to three diseases with the market price of at least 100,000 won, and paid service charges equivalent to at least 30,000 won per hour, and allowed the victim to sit in company for at least three hours.

However, the fact is that only a transportation card equivalent to about 30,000 won in cash and about 9,000 won in balance, and there was no intention or ability to pay the price even if the defendant was provided with alcoholic beverages, etc. from the victim because there was no balance of the Busan Bank's Cze Card which was lost at the bar.

The Defendant, as above, by deceiving the victim, was provided with alcoholic beverages and entertainment services worth KRW 390,000 at the market price from the victim.

On March 1, 2019, the Defendant: (a) around 23:00, at the “G singing shop” operated by the Victim F in Busan Seo-gu, Busan; and (b) even if there was no cash or other means of settlement in possession and it did not have an intent or ability to pay the price to the victim even if he/she received alcoholic beverages from the victim; (c) as if he/she would normally pay the price to the victim, he/she received the order from the victim and received the order from the victim as if he/she would normally pay the price to the victim, the Defendant received the order from the victim and received the order from the victim at least 470,000 won in total at the market price of KRW 470,00,000.

Summary of Evidence

"2019 Highest 1169"

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Details of transactions "2019 Highest 2039";

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A receipt (previous record on the market);

1. An inquiry report on criminal records, confirmation of criminal records of the suspect and the current status of confinement;