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(영문) 대구지방법원 상주지원 2015.09.08 2015고단339

상습사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On September 27, 2013, the Defendant was issued a summary order of KRW 300,000 as a penalty for fraud in the resident support at the Daegu District Court, and on June 2, 2014, the same court issued a summary order of KRW 1 million for the same crime. On June 9, 2014, the same court issued a summary order of KRW 3 million for the same crime. On May 26, 2015, the court issued a summary order of KRW 3 million for the same crime. On January 13, 2015, the same court was sentenced to a summary order of KRW 3 million for the same crime, and on January 21, 2015, the judgment becomes final and conclusive during the period of probation.

【Criminal Facts】

1. On June 27, 2015, the Defendant: (a) around 23:45, around 2015, at the “E” entertainment drinking club operated by the victim D, and (b) at the time of the order, the Defendant, despite having no intent or ability to pay the price to the victim, was engaged as if he/she would pay the price; and (c) ordered the victim’s drinking, etc.; and (d) obtained a pecuniary benefit equivalent to the service fee of KRW 100,000,000 in total amount of KRW 30,000,000 in the market value from the victim.

2. On June 28, 2015, the Defendant: (a) around 02:20, at the main point operated by the Victim G, who is located in the Sinan City F, the Defendant: (b) was aware that the Defendant would pay the amount despite the victim’s intention or ability to pay the amount despite having ordered the victim’s alcohol, alcohol, etc.; and (c) ordered the victim’s alcohol, etc.; and (d) acquired a property interest equivalent to KRW 80,00,000,000 in total of the market value from the victim, namely, 100,000

In this respect, the defendant had taken property benefits by deceiving victims habitually.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. G statements;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records against a suspect);

1. Criminal facts;