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(영문) 의정부지방법원 2016.09.23 2016고단3131
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 5, 2014, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud at the District Court, and completed the execution of the sentence on July 17, 2016.

around 20:40 on July 28, 2016, the Defendant issued an order for beer and an beer, with the same attitude that does not have any valid means of payment, such as cash or credit card in possession of facts, and thus, the Defendant would normally pay the drinking value, even though there is no intention or ability to pay the drinking value or the music use fee, etc., to the victim. By up to 22:30 of the same day, the Defendant used a singing practice facility installed at the same time with female employees by around 2 hours in the above Esing room No. 2 of the same day.

The Defendant received from the injured party a set of KRW 75,00 from the third party, i.e., 15 Macju equivalent to the market value of KRW 75,00,000, and 30,000 from the market value. The Defendant did not pay the injured party a set of KRW 60,00,000 for female employees’ service charges, and KRW 50,000 for singing practice facilities.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 215,000 won in total of the market price.

"2016 Highest 3360"

1. On July 20, 2016, at around 22:00, the Defendant enticed the victim by taking advantage of the trade name “H” operated by the victim G in Macheon-si, namely, “H,” even though there is no intent or ability to pay the drinking value, and by taking advantage of the fact, the Defendant got the victim into consideration by taking the victim’s instructions, such as drinking and the heading of the State, as if he would pay the drinking value, and by taking the disposition of the heading, thereby deceiving the victim.

2. On July 22, 2016, the Defendant deceivings the victim, as if he/she did not have an intent or ability to pay the drinking value, by deceiving him/her as if he/she did not have an intention or ability to pay the drinking value, and thereby, deceiving him/her to do so. The Defendant is aware of the amount equivalent to KRW 105,00 in total market value from the damaged person.

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