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(영문) 청주지방법원 제천지원 2013.12.26 2013고단781

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Majority Offense] On May 1, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Cheongju District Court, and completed the execution of the sentence on October 13, 2012.

【Criminal Facts】

1. On September 16, 2013, the Defendant: (a) around 20:00 on September 16, 2013, the Defendant received orders from the victim D’s “E” entertainment tavern in the victim D’s “E” operation, even if he/she did not have an intent or ability to pay the price; and (b) issued orders; and (c) the Defendant received orders from the victim, i.e., the victim, with a total amount of KRW 3.60,000,000 from the market value, she received orders from the victim, namely, she received the services of the scarblus and 1 disease,

2. On October 13, 2013, the Defendant: (a) around 21:30, the second floor of the building located in the Heung-gu Seoul Metropolitan Government F; (b) at the main shop of the “H” operated by the victim G, even if ordering liquor, etc., the Defendant issued an order as if he would pay the price despite the absence of the intent or ability to pay the price; and (c) obtained the order by obtaining the Defendant from the Defendant one disease of both 12,00,000 and 17,000,000 won in total at the market price owned by the victim.

3. On September 20, 2013, the Defendant: (a) around September 20, 2013, at the point of “K, operated by the victim J in Jincheon-gun, Jincheon-gun, Chungcheongnam-do; (b) the Defendant did not have the money possessed at the time; (c) thus, even if the Defendant was provided by the victim, he did not have the intent or ability to pay the money, and (d) ordered the payment, and then he received the order from the victim with a total amount of KRW 270,00,000 from the market price.

4. On September 22, 2013, the Defendant: “N” entertainment tavern operated by the victim M&A at the time of March 22, 2013, the Defendant: (a) had no money in possession of the Defendant; (b) thus, even if the Defendant was provided by the victim, it is likely that the Defendant would have paid the money in absence of the intent or ability to pay the said money; and (c) the order is issued.