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(영문) 부산지방법원 2014.02.11 2013고단7539

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 21, 2011, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Gwangju District Court, and completed the execution of the sentence on May 1, 201.

1. On October 20, 2013, around 19:30 on October 20, 2013, the Defendant: (a) committed an act as if he/she did not have the ability or intent to pay the drinking value; and (b) received an order from the victim and acquired it by receiving an alcoholic beverage amounting to KRW 57,000 in total of the market value from the victim.

2. On October 26, 2013, the Defendant: (a) in collusion with a name-free person on the part of the Defendant, committed the act as if he would pay food value in a normal manner, even though he did not have the intent or ability to pay the food value; (b) received the order from the victim and acquired the same by deceiving the victim with a total amount of KRW 34,00,000 in the market price.

3. On October 28, 2013, the Defendant took the disposition as if he did not have the intent or ability to pay the drinking value in a normal way even though at the K main point of the operation of the Victim J in Busan, Busan, the Defendant obtained the order from the victim after being provided with the victim with an alcohol or an alcohol equivalent to KRW 23,200 in total of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning J, L, or D;

1. Previous records: References to criminal records and investigation reports (the confirmation of the date of release and attachment of a copy of the same kind of court records);

1. Article 347 (1) of the Criminal Act applicable to the crime (Article 30 of the Criminal Act is added to the fraud of paragraph (2) at the time of sale);

1. Article 35 of the Criminal Act among repeated crimes;