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(영문) 대전지방법원 천안지원 2020.03.27 2020고정123

사기

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 15, 2019, the Defendant was sentenced to imprisonment for six months by the Daejeon District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The above judgment became final and conclusive on February 23, 2019.

『2020고정123』 피고인은 2017. 6. 7. 아산시 B, 2층에 있는 피해자 C이 운영하는 D주점에서 “아버지 땅이 시골에 있고, 그 땅을 내놨으니까 곧 팔릴 것이다. 그러니까 술과 안주 및 도우미 대금을 외상해달라.”라고 거짓말을 하였다.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol, alcohol, and helper by the victim.

As such, the Defendant did not pay the amount of 680,000 won even after deceiving the victim and being provided with alcohol, alcohol, and helper by the victim.

From June 7, 2017 to October 26, 2017, the Defendant acquired property or proprietary benefits equivalent to KRW 6,270,000 through 13 times, as shown in the annexed Table 1 List of Crimes.

On June 17, 2017, the Defendant stated to the effect that “G” operated by the Victim F in Asia-si, the victim F, “G,” “I immediately sell the land to the victim, thereby changing alcohol and alcohol to the credit.”

However, the defendant was not able to pay the credit amount, and there was no intention or ability to pay the credit amount to the victim because the defendant's father's land was not donated or sold immediately.

The Defendant was provided by the victim with alcohol and alcohol equivalent to KRW 1,145,000 on the same day, and female friendship services. By March 4, 2018, the Defendant was provided with alcohol and alcohol equivalent to KRW 3,625,000 on a total of eight occasions, as indicated in the list of crimes in attached Table 2.

Accordingly, the defendant was given property and property benefits by deceiving the victim.

Summary of Evidence

(b).