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(영문) 제주지방법원 2019.07.12 2019고단643
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal record] On June 15, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and the execution of the sentence was terminated on September 21, 2017.

【Criminal Facts】

1. On March 25, 2019, the Defendant: (a) around 22:30 on March 25, 2019, at the “D key store” operated by the Victim C (Inn, 58 years old); (b) even if the Plaintiff did not have any means of payment, such as cash, credit card, etc. at the time, and thus, did not have any intent and ability to pay the price, even if he did not order alcoholic beverages, etc., the Defendant ordered alcoholic beverages, etc., and (c) was ordered by the said victim to pay the price normally. Accordingly, the Defendant received from the said victim a total amount of 290,000

2. On March 23, 2019, the Defendant: (a) around 01:00 on March 23, 2019, posted the attitude that, even if there were no means of payment, such as cash, credit card, etc. at the time, and thus, did not have intent and ability to pay the price to the said victim; (b) ordered liquor, etc., the Defendant was ordered to pay the price normally to the said victim; and (c) received from the said victim a total amount of KRW 320,000,000,000,000,000 from the said victim.

Summary of Evidence

[2019 Highest 643]

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the prosecution;

1. A written statement prepared in C;

1. Investigative reports (including confirmation of suspect's belongings) and images (including attached documents) of police preparation;

1. Entry of the receipt; and

1. Images of on-site evidentiary photographs (2019Nomen1058);

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. A statement prepared in the F;

1. Statement (including attached documents) of investigation report (the money and valuables of a suspect) on police preparation;

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. Entry of the receipt; and

1. Images of the photograph (before before the market);

1. Statement of inquiries into police preparation;

1. Preparation by the prosecution;

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