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(영문) 광주지방법원 순천지원 2017.11.02 2017고단2056
사기등
Text

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

The defendant pays 196,00 won to the applicant C the value of the stolen property.

Reasons

Punishment of the crime

1. On March 16, 2017, at around 10:30, the Defendant: (a) committed a trade name “F” in the “F” for the victim’s operation in Gwangjuyang-si; (b) ordered liquor and entertainment services to the victim as if he/she would pay the victim the payment; and (c) fraudulently stated that the Defendant would give the victim an order for liquor and entertainment services by finding money at the cash payment period if he/she lends KRW 1.60,000 to the victim.

However, the defendant did not have the intent or ability to pay the price even if he was provided with alcoholic beverages and entertainment services from the injured party, and did not have any intent or ability to pay the price even if he borrowed money.

As above, the Defendant: (a) by deceiving the victim; (b) provided alcoholic beverages and entertainment services equivalent to KRW 390,000 from the victim; and (c) received cash KRW 160,000 from the victim; and (d) from September 7, 2017, the Defendant provided the victims with property or acquired pecuniary benefits worth KRW 3,034,000 in total nine times from the victims, as shown in the list of crimes in the attached Table.

2. On September 19, 2017, the Defendant attempted to commit fraud, at around 19:40, the “I” in the “I” management of the Victim H located in G, which called “I would purchase tools necessary for concrete work.” On September 20, 2017, the Defendant said that “I would make a payment of the Section if I would like to lend 200,000 won in cash, which would be reduced to the amount that I would have been on leave between the military and the military, while settling the payment of the Section.”

However, the defendant did not think of purchasing tools from the injured party, and even if he borrowed money from the injured party, he did not have any intention or ability to complete the payment.

As above, the Defendant: (a) by deceiving the victim and attempted to deliver KRW 200,000 from the victim; (b) did not lend money to the victim suspected of the Defendant’s intent and ability to repay the money.

Summary of Evidence

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