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(영문) 창원지방법원 진주지원 2018.06.19 2018고단242

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 29, 2017, the Defendant: (a) around 2018, Jinju-si, 01:50 on December 29, 2017, the Defendant: (b) was engaged in the Esing room 2 operated by the victim D in Jin-si, Jin-si; (c) ordered the victim to pay the alcohol value; and (d) requested the victim to do so.

However, the defendant did not have any money owned by him, and there was no intention or ability to pay the money to the victim from the beginning because there was no special property owned by him.

Nevertheless, the defendant deceiving the victim as above and was provided with only one disease per two weeks from the injured party, and did not pay 2.50,000 won of the price even though two persons are provided with helper, thereby acquiring property benefits equivalent to the same amount.

On February 26, 2018, the Defendant, “2018 Highest 256,” followed the victim’s drinking value at H operated by the victim G in Jin-si, Jin-si, Jin-si on February 17, 2018, and ordered the victim to provide alcohol.

However, the defendant did not have any money owned by him, and there was no intention or ability to pay the money to the victim from the beginning because there was no special property owned by him.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received 150,000 won in total from the injured party; and (c) did not pay the price to the injured party; and (d) obtained property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D or G by the police;

1. Written estimate;

1. Details of passbook transactions;

1. A receipt for the value of alcoholic beverage;

1. Application of statutes on site photographs;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes - Circumstances unfavorable to him/her: repeatedly committing the same kind of crime (before the same kind of crime and 11 times after 2008), and Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes