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(영문) 서울중앙지방법원 2015.06.26 2015고단1383

사기등

Text

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

Reasons

Punishment of the crime

[Criminal Justice] On August 22, 2014, the Defendant was sentenced to eight months of imprisonment for a crime in the Chungcheong District Court’s Chungcheong Branch, and completed the execution of the sentence on March 2, 2015.

[2015 Highest 1383] On March 10, 2015, the Defendant, at around 19:00, sent the victim D’s entertainment tavern operated by the victim D in Jung-gu Seoul Metropolitan Government, to pay the drinking value in a normal manner without the victim’s ability and intent to pay the drinking value. The Defendant, upon receiving the victim’s alcohol and alcohol equivalent to KRW 259,000 from the victim.

[2015 Highest 1497] On March 6, 2015, the Defendant, at around 19:40 on March 6, 2015, by deceiving the victim as if he did not have the ability and intent to pay the drinking value, by deceiving the victim as if he would pay the drinking value. In this context, the Defendant, who was provided with three illnesss in the order equivalent to KRW 18,000,000 in the market value, was 48,00,000,000 in total, by taking advantage of the victim’s financial benefits.

[2015 Highest 2132] From March 31, 2015 to 02:00 on the same day, the Defendant interfered with the victim’s restaurant business by force for about 30 minutes, such as spiting down the spite on the floor and cutting down the spite on the floor and cutting down the spite into the floor, and cutting the spite over the spite.

Summary of Evidence

[2015 Highest 1383]

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of D police statement;

1. Receipts:

1. A criminal investigation report (verification related to the account transfer of alcoholic beverages price);

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. F's self-written statement;

1. An invoice (2015 highest 2132);

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. H’s self-statement;

1. On-site photographs (the previous record of the board) 1.