(영문) 부산지방법원 2014.01.22 2013고단689

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자간(%)

(영문) 부산지방법원 2014.01.22 2013고단689

사기

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 3, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence on July 15, 2012.

"2013 Highest 689"

1. The Defendant did not have any means of payment, such as cash and credit cards, and thus did not have any intent or ability to pay the drinking value.

Nevertheless, at around 20:40 on December 31, 2012, the Defendant issued an order for beer, etc., considering the attitude that the victim D was able to pay the alcohol value to the victim, at the main point of the “Enoman bank” operated by the victim D in Busan Sho-gu, Busan.

The Defendant was provided by the victim with the total market value of 200,000 won, such as 15 Macju, 2 Macju, and 2 Macju, and entertainment workers.

Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.

"2013 Highest 1633"

2. On March 3, 2013, around 00:10, the Defendant sent the same attitude that the victim would normally pay the alcohol value to the victim at the Hnonoe room located in Busan Jin-gu, Busan, and ordered beer.

However, the Defendant did not have any means of payment, such as cash or credit card, and thus did not have any intent or ability to pay the drinking value.

Nevertheless, the Defendant, by deceiving the victim as above, was immediately provided by the victim with a total of KRW 260,000,000, such as 10 disease of beer, 1 share of beer, and 260,000.

Summary of Evidence

(Fact 1, 2013dan689)

1. Defendant's legal statement;

1. Statement of D police statement;

1. Receipts (the fact of No. 2, 2013 Height 1633 at the time of marketing);

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A detailed statement of transactions (a point before and after the market);

1. An inquiry report, such as a criminal history;

1. Unclaimed report on the disposition and the result of confirmation;

1. Application of Acts and subordinate statutes to investigation reports (informating a written judgment, etc.);

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;