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(영문) 수원지방법원 안양지원 2018.10.24 2018고단1496

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 21, 2017, the Defendant was sentenced to one year of imprisonment for fraud in the Daegu District Court’s assistance, and the execution of the sentence was terminated on June 26, 2018 at the Daegu Prison.

[Criminal facts]

1. On September 9, 2018, the Defendant, on September 9, 2018, posted the same attitude that the Defendant would normally pay the alcohol value in the “Esing plaza” operated by the victim D, who was in the Mayang-gu Mayang-gu Mayang-gu Mayang-gu Mayang-gu, the Defendant ordered the victim to pay the alcohol value.

However, in fact, from September 5, 2018, the Defendant, at the time, did not have any intent or ability to pay the amount even if he was provided with alcohol and alcohol from the injured party because of the lack of cash in possession of the Defendant.

Nevertheless, the defendant deceivings the victim as above, and was provided with alcohol and alcohol equivalent to the total market value of 480,000 won from the victim, i.e., the victim.

Accordingly, the defendant acquired property by deceiving the victim.

2. On September 10, 2018, the Defendant issued an order for alcohol and alcohol to the victim on September 10, 2018, indicating the same attitude that the Defendant would normally pay the alcohol value to the victim G in Ansan-gu F around 04:35 on September 10, 2018.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol and alcohol from the injured party due to the lack of cash, etc. to pay the drinking price as stated in Paragraph 1 at the time.

Nevertheless, the defendant deceivings the victim as above and was provided with alcohol and alcohol equivalent to 110,000 won in the market value from the victim, namely, the victim.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Each receipt; and

1. Investigative Report (the confirmation of the balance of the suspect's physical card and the determination of the person's ability to settle the account, the order of suspicion points and the person in charge of emergency support.