beta
(영문) 대전지방법원 2019.10.04 2019고단1981

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 3, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Daejeon District Court on May 3, 2018, and completed the execution of the sentence on January 19, 2019.

around 01:20 on June 1, 2019, the Defendant: (a) received the total amount of KRW 391,000,000 from the said victim, as if he were to pay the price, from “ Qu” entertainment bars located in the second floor of Daejeon-dong P2, Daejeon-dong P, which is operated by the victim’s O (Nam and 72 years of age); and (b) received the said victim’s payment of the price.

However, the Defendant did not have the intent or ability to pay the price even if he received food and service from the above victim due to the lack of cash or credit card, etc.

Ultimately, the Defendant, as above, induced the above victim to acquire pecuniary benefits.

On May 4, 2019, the Defendant: (a) around 00:30 on May 4, 2019, the Defendant: (b) at the singing point operated by the Victim S in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, without intent or ability to pay the price; (c) issued an order as if he would pay the price to the said victim; and (d) issued an order as if he would pay the price to the said victim; and (c) he received the amount equivalent to KRW 105,00 from the said victim, and did not pay the price, thereby acquiring pecuniary benefits equivalent to the said amount.

On May 27, 2019, the Defendant: (a) around 08:00 on May 27, 2019, the Defendant was provided with KRW 4.50,000,00 in W’s singing room operated by the victim V (year 47) in Daejeon-gu, Daejeon-gu; (b) as if having paid the price, the said victim was affiliated with the said victim, and was provided with KRW 20,00 in total with three services of the said victim.

However, the Defendant did not possess cash or a credit card or any other means of payment, and thus did not have the intent or ability to pay the price even if the Defendant received the said alcohol and service from the said victim.

Accordingly, the Defendant had taken property benefits by deceiving the above victim as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of S;

1. A written statement prepared in X-V and V;

1.Each.