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(영문) 광주지방법원 2017.03.24 2016고단964
사기
Text

The punishment of the accused shall be determined by two years of imprisonment.

Reasons

Punishment of the crime

On November 23, 2012, the Defendant was sentenced to one year to imprisonment for fraud, etc. at the Busan District Court, and completed the execution of the sentence in the Busan Detention House on July 15, 2013.

1. On March 26, 2016, the Defendant issued an order of an amount equivalent to KRW 150,000,000 to KRW 30,00 to KRW 30,00 to KRW 60,00,00, not later than 23:50 on March 26, 2016, to provide alcoholic beverages and eggs, etc. at “E” operated by the victim D, the Defendant issued an order to pay for the said amount of money to the victim D, without any intention or ability to pay the said amount of money, and entered into a singing with the loan by not later than 23:50 on the same day.

As such, the Defendant, by deceiving the victim, provided the victim with an alcoholic beverage and alcohol equivalent to KRW 90,00,00 in total from the injured party, and acquired property profit equivalent to KRW 150,000 in total by being provided with musical services and entertainment services equivalent to KRW 60,00 in a service fee of KRW 90,00.

2. On March 20, 2016, the Defendant: (a) around 01:30 on March 20, 2016, the Defendant: (b) provided alcohol, etc. to the Victim G located in the Busan Shipping Daegu F, the Defendant, without the intent or ability to pay the price, even if the Defendant was unable to provide alcohol, etc. due to the lack of money in the 7th room operated by the Victim G located in the said Busan Shipping Daegu; (c) ordered 200,000 won of the window and 06:15 on the same day; and (d) entered into a service loan with one recipient from the said date.

As such, the Defendant, by deceiving the victim, was provided with alcohol equivalent to KRW 200,00 from the damaged party, and received services equivalent to KRW 110,000,00 from the Defendant’s service charges of KRW 20,000 and KRW 90,00,00 from the contact loan charges, and acquired property gains equivalent to the same amount.

3. On November 27, 2015, the Defendant issued an order of an amount of money equivalent to KRW 40,000 and KRW 30,000 to KRW 30,00,00,00 from “sing shop” operated by the victim I of the victim I of the Masan-si H on November 27, 2015, without any intent or ability to pay for the provision of alcoholic beverages, even if he/she received alcoholic beverages because he/she did not have any money during the period, and then entered into a singing with two persons from “sing shop” to “2:55 on the same day.

The Defendant is identical to this.

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