beta
(영문) 의정부지방법원 2013.09.23 2013고정1612

사기

Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On January 31, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution at the District Court for fraud, etc. and the judgment became final and conclusive on February 8, 2013.

1. On August 17, 2012, the Defendant ordered “D” entertainment drinking house operated by the victim C in Macheon-si B with a total of KRW 40,00,000, KRW 100,000, and KRW 30,000,000, and KRW 40,000,00,000, respectively, and acted for the Defendant as a soldier in the nearby military unit for two hours.

However, the defendant was not a soldier but has no intention or ability to pay the price.

As above, the Defendant, by deceiving the victim C and being provided property and services equivalent to the total amount of KRW 170,000,000 in the market price from the victim’s position, acquired property benefits equivalent to the same amount due to the Defendant’s failure to pay the price.

2. On August 18, 2012, the Defendant ordered 200,000 won in total at “G” singing stores operated by the Victim F, who is located in Scheon-si, Sincheon-si, to engage in 20,000 won in total, 30,000 won in total at the market price, and 20,000 won in the amount of the market price. On the other hand, the Defendant ordered 30,000 won in entertainment reception service for 30,000 won in time, and acted for a nearby military unit to pay the price.

However, the defendant was not a soldier but has no intention or ability to pay the price.

As above, the Defendant: (a) had the victim F by deceiving the victim F; (b) had the victim received goods and services equivalent to KRW 330,000,000 in the market price from the victim’s position; and (c) had the victim acquired economic benefits equivalent to the

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Each receipt; and

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and defendant's statutory statement;

1. Criminal facts;