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(영문) 대전지방법원 2012.11.22 2012고단3298
사기등
Text

A defendant shall be punished by imprisonment for two years.

All applications for compensation filed by B and C are dismissed.

Reasons

Punishment of the crime

On May 12, 2010, the Defendant sentenced the Suwon District Court to six months of imprisonment for fraud, and completed the execution of the sentence in the Suwon Detention House on October 17, 2010.

1. On January 22, 2012, the Defendant: (a) during a G general restaurant operated by the Seo-gu Daejeon E victim F, Daejeon on January 22, 2012, the Defendant stolen, with 300,000 won of 40,000 won and 300,000 won of the market value in the victim’s bags; (b) one credit card including one SK credit card; and (c) one resident registration certificate.

2. On January 22, 2012, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) issued an order for an alcoholic beverage and an alcoholic beverage amounting to KRW 50,000 in total, including beer and beer, as if the Defendant did not have any intent or ability to pay the alcohol value to the victim; (b) issued an order for an alcoholic beverage and an alcoholic beverage amounting to KRW 50,00 in total, such as beer and beer, and received it from the victim; and (c) subsequently, in the process of paying the alcohol value, the Defendant issued the stolen FK Credit Card as payment to the victim as if the Defendant was a legitimate holder; and (d) issued the sales slip, signed the sales slip, and unlawfully used the stolen credit card.

3. Fraud;

A. On March 25, 2012, around 22:40, the Defendant ordered an alcoholic beverage and an alcoholic beverage equivalent to KRW 70,000, in total, 500, including 5 bottles and 1 alcoholic beverage week, as the Defendant did not have the intent or ability to pay the alcohol value to the victim, as the Defendant would have paid the alcohol value without having the intent or ability to pay the alcohol value.

The Defendant, as above, by deceiving the victim, received the above alcohol and the communication from the victim.

B. On April 13, 2012, the Defendant’s main points of “P” operated by the Victim O located in Daejeon-gu Daejeon-gu, Daejeon-gu, around 02:00, are as follows: (a) as if he/she did not have the intent or ability to pay the alcohol value to the victim, he/she would pay the alcohol value; and (b) as he/she would have paid the alcohol value, he/she would have paid the alcohol value.

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