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(영문) 부산지방법원 2018.11.30 2018고단4396
사기
Text

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

Reasons

Punishment of the crime

On May 9, 2018, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court on September 12, 2018, and completed the execution of the sentence in Busan Correctional Institution on September 12, 2018.

On September 30, 2018, the Defendant issued an order equivalent to KRW 379,00,000 in total of KRW 2 Byung-ju and KRW 5 Byung-ju's market price on September 30, 2018 operated by the victim D in Busan-gu Busan-gu, Busan-do.

However, the defendant did not have a means of payment such as cash or settlement cards, so even if he received alcoholic beverages from the injured party, the defendant did not have an intention or ability to settle the price.

Therefore, the Defendant was provided with 5 Madju 2 and 5 Madju 379,000 won in total from the injured party.

The defendant of "2018 Highest 4523" has no fixed occupation and has no means of payment, such as cash or credit card, and has no intention or ability to pay the price even if he/she orders alcohol or food.

Nevertheless, on September 24, 2018, the Defendant, at around 17:00 on September 24, 2018, committed as if he would pay the price for the completion at the “H” main point operated by the victim G in Suwon-gu, Busan, the Defendant ordered the victim to pay the price, and the Defendant was provided with alcohol and alcohol equivalent to 160,200 won at the market price from the victim.

Accordingly, the defendant was given property by deceiving the victim.

On September 22, 2018, the Defendant issued an order for alcohol, alcohol, and alcohol, etc. to the victim J’s “K main store,” located in the first 2th floor of Busan Blue-gu, Busan around September 22, 2018.

However, the defendant did not have any means of payment such as cash or credit card to pay the drinking value, etc. at the time.

The Defendant did not pay the amount of money to the injured party, which is the sum of the market value of KRW 190,00,000, even though he was provided with alcohol and alju.

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