beta
(영문) 부산지방법원 2018.11.09 2018고합188

사기

Text

The crimes of 1, 3, 4, 6, 7, and 8 in the judgment of the defendant are punished by imprisonment of 8 months and fine of 2,50,00 won and 2,5,9 in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal records] On July 19, 2017, the Defendant was sentenced to one year and four months of imprisonment by reason of fraud, interference with the performance of official duties, etc. at the Seoul Central District Court, and was released as cancellation of detention on August 4, 2017, and the execution of the sentence was terminated upon the final judgment on March 20, 2018.

[Criminal facts]

1. On September 6, 2017, Defendant 1, the 2018 Jindo 188, by deceiving the victim C from the “D main store” operated by the victim C on September 6, 2017 under the 1st floor of the Busan Jin-gu B building in Busan, Busan, as if he were to pay the price, ordered the victim to drink and share.

However, the defendant was not in possession of cash or other means of settlement at the time, and there was no intention or ability to pay the amount even if he was provided with alcohol, speech, etc. from the injured party.

The defendant deceivings the victim as above and was provided with alcohol and communication in an amount equivalent to 400,000 won in total from the victim.

2. At around 01:00 on April 8, 2018, Defendant 2018, Defendant 189: (a) provided “G” entertainment points for the operation of the Victim F in the Busan-gu Busan-gu E hotel; and (b) despite the absence of an intent or ability to pay the price even if he/she was not in possession of any means of payment, such as cash, other than the credit card exceeding the limit, even if he/she did not have an intent or ability to pay the price to the injured party, Defendant 1 issued an order for the payment of the amount of KRW 415,00,000 to the injured party; and (c) ordered the payment of the price to the said amount of KRW 3,00

Accordingly, the defendant deceivings the victim as above and acquired property benefits from the victim.

3. At around December 29, 2017, Defendant 2018, Defendant 190, by deceiving the victimJ as if he/she would pay the amount, and ordered the victimJ to provide alcohol and alcohol at the point of “I” located in Jongno-gu Seoul Metropolitan Government H.

However, the defendant is not in possession of cash or other means of payment at the time and is provided with alcohol and speech from the injured party.