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(영문) 서울북부지방법원 2018.07.13 2017고단4359
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal record] On January 15, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Suwon Friwon, and completed the execution of the sentence on July 16, 2015.

[2017 Highest 4359] On September 26, 2017, the Defendant: (a) around 02:00, at “D main points” operated by the victim C in Jung-gu Seoul Central Government, Jung-gu, Seoul; (b) was engaged in as if he would pay the drinking value while having no intent or ability to pay the drinking value; and (c) was provided as having been provided as having been provided as having been 12 concurrently from the victim with the market value of KRW 70,000.

[2017 Highest 4431] On October 20, 2017, the Defendant was provided with beer, etc. equivalent to KRW 450,00,00 in total, from the victim F working for the victim F in Gangnam-gu Seoul, Gangnam-gu, Seoul. In fact, even though he/she did not have any intent or ability to pay the drinking value, he/she was aware that he/she would pay the drinking value.

[2017 Highest 5344] On November 24, 2017, the Defendant: (a) around 20:00, at the “J” point managed by the victim I on the first underground floor of H in Seoul Special Metropolitan City, Nowon-gu, the Defendant was provided with alcohol and alcohol equivalent to KRW 29,000 in total in the market price from the damaged person, even though he/she had no intent or ability to pay the drinking value.

[2018 Highest 783] On October 29, 2017, the Defendant: (a) around 01:09, at the main point of “M” operated by the victim L in K2 in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around October 29, 2017; (b) was engaged as if he would have paid the drinking value while he did not have the intent or ability to pay the drinking value; (c) and (d) was provided with 15 percent of the total market price from the victim.

Summary of Evidence

【Criminal Records】

1. Written inquiry about criminal history, etc.;

1. Investigation report (verification of repeated crimes and attachment of similar military records, etc.), sentence of judgment, etc. (2017 High Court Order 4359);

1. Statement by the defendant in court;

1. C’s statement;

1. Receipts (2017 Highest 4431);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A receipt (2017 high group 5344);

1. Statement by the defendant in court;

1. A written statement of victim of I;

1. Receipts and photographs of alcoholic beverages (2018 highest 783);

1. Statement by the defendant in court;

1. L.W.

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