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(영문) 창원지방법원 2014.09.05 2014고단856

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On June 1, 2012, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Changwon District Court, which became final and conclusive on March 14, 2014, and completed the execution of the sentence in the Busan Correctional Institution.

[2014 Highest 856] On March 24, 2014, the Defendant: (a) around 23:50 on March 24, 2014, at the “Enonoby store” operated by the victim D, who was in the window C of Chang-si, expressed the attitude that the Defendant would pay the drinking value even though he did not have the intent or ability to pay the drinking value; and (b) was provided by the victim with the amount equivalent to KRW 350,00,00, such as the 1 box, the two weeks, and the 1stals, and the al

[2014 Highest 1267] Around 22:00 on April 22, 2014, the Defendant provided the victim G located in Changwon-si, Changwon-si with the following false statement: “The Defendant would pay the price at the time of payment, although he/she did not have the intent or ability to pay the price even if he/she drinks by drinking,” and obtained the victim’s pecuniary benefits from the same amount after being provided the victim with the alcohol of an amount equivalent to KRW 760,00,000, i.e., two diseases and one gambling, etc. from the victim.

[2014 Highest 1538]

1. On April 26, 2014, at around 03:00, the Defendant appeared to have expressed an attitude of paying the drinking value by ordering the victim’s “Knoman shop” in the “Knoman shop,” which is in the window of Changwon-si. Accordingly, the Defendant provided the victim with a total amount of KRW 290,000,000, including two-way disease and ten-way disease, etc., and acquired pecuniary benefits equivalent to the said amount.

2. On April 27, 2014, around 05:20 on April 27, 2014, the Defendant appeared to have expressed an attitude that he would pay the drinking value while ordering the alcohol in the “Nnosok points operated by the victim M of the second floor L L,” which was provided by the victim with a total amount of KRW 230,000,000, such as two-way disease, five-way disease, etc., and acquired pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police station;

1. Previous convictions as indicated in the judgment: Criminal records and current status of personal identification and confinements shall be applied to the statutes;