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(영문) 춘천지방법원 강릉지원 2015.08.19 2015고단686

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On May 15, 2015, the Defendant: (a) around 22:10 on May 15, 2015, at “E” entertainment bars operated by the victim D in Gangseo-si, the Defendant, as if he would pay for alcohol, alcohol, etc.; and (b) ordered the victim to provide alcohol, alcohol, etc.

However, in fact, the Defendant was only in possession of a physical card with a cultural product right of KRW 50,00 and a balance, which cannot be settled normally due to the absence of any remaining balance, and there was no means to pay alcoholic beverages normally. Therefore, there was no intention or ability to pay the price.

Nevertheless, the Defendant, by deceiving the victim as above, ordered the victim to do so, ten 40,00 won of beer and one 10,000 won of beer and one 30,000 won of the market price, one 30,000 won of beer and one 105,000 won of the market price, and one 30,000 won of beer and one 30,000 won of beer and provided at the seat, acquired property equivalent to 105,00 won of the market price, and exempted the victim from paying 40,000 won of beer and 60,000 won of service charges.

After all, the defendant, by deceiving the victim, acquired the property from the victim and acquired the property benefits.

B. On June 20, 2015, the Defendant: (a) around 22:14, at the “H” entertainment drinking club operated by the victim G in Gangnam-si F; (b) committed as if he would pay for alcohol, alcohol, etc.; and (c) ordered the victim to provide alcohol, alcohol, etc.

However, the Defendant did not hold cash at the time and did not have any remaining means of settlement, such as physical cards, etc. to pay the above alcoholic beverages, and only possessed the Nonghyup Card under the name of another person reported with theft that cannot be paid normally. Thus, the Defendant did not have any intent or ability to pay the above alcoholic beverages.

Nevertheless, the defendant deceivings the victim as such, and such deceivings the victim and combines the market value of the victim, such as 9 illness, 1 illness, and 1 week.