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(영문) 부산지방법원 2018.07.24 2018고단1560

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 22:00 on March 28, 2018, the Defendant, “2018 Highest 1560,” committed an act as if he would pay the alcohol value to the victim in the Esing room operated by the victim D in Busan Young-gu, Busan, and ordered the victim to pay the alcohol value.

However, there was no intention or ability to pay the drinking value, etc. due to the lack of money by the defendant.

The Defendant deceptioned the victim as such, and acquired the victim with 150,000 won or more of the market price provided from the victim.

On April 30, 2018, the Defendant: (a) up to 01:00 on April 30, 2018, the Defendant: (b) up to 3 studio of H (3) operated by the Victim G in Busan Jung-gu and the first underground floor; (c) was not in possession of cash at the time; (d) even if the remainder of the card, etc. is provided with alcohol, etc. from the injured party due to the absence of intent or ability to pay the price, the Defendant deceivings the injured party as if he would normally pay the price to the injured party; and (b) received property equivalent to KRW 205,000,000, in total, from the injured party, the amount of the price was paid to the injured party, as if he did not have any intent or ability to pay the price to the injured party.

On June 6, 2018, the Defendant, “2018 Highest 2500, the Defendant, at the point of K of the operation of the Victim J in Busan, Busan, on June 22:40, 2018, deceiving the victim as if he would pay the completion money, ordered the victim to provide alcohol and alcohol.

However, the defendant was not in possession of cash or other means of settlement at the time and did not have the intention or ability to pay the amount even if he was provided with alcohol and speech from the injured party.

The defendant deceivings the victim as above, and he was provided with the alcohol and the communication that amount to the total market value of 25,900 won from the damaged person.

Summary of Evidence

"2018 Highest 1560"

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the police prosecutor;

1. Statement made by the police against D;

1. Account "2018 high group 2069 high group;

1. Statement by the defendant in court;

1. The defendant;