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(영문) 창원지방법원 통영지원 2013.04.10 2013고단25
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On December 22, 2009, the Defendant was sentenced to four months of imprisonment with prison labor for larceny in the Gwangju District Court’s net support, and completed the execution of the sentence on January 8, 2010.

【Criminal Facts】

1. On December 24, 2012, at around 01:10 on December 24, 2012, the Defendant was provided with the victim C’s “Eju” operated by the victim C at Gyeongnam-si, with the victim’s 2.60,000 won in total, and the market value equivalent to 60,000 won in total.

However, there was no money at the time, and there was no fixed income, so there was no intention or ability to pay the price even if the defendant received alcohol and service from the victim.

The Defendant was provided with alcohol and service equivalent to 320,000 won in total from the victim.

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

2. On January 5, 2013, the Defendant was provided with the Victim F with the “H located in G” operated by the Victim F in G in Gyeongnam-si on January 5, 2013, with the victim’s 4 disease in the aggregate of 6.40,000 won and the market value equivalent to 1.80,000 won.

However, there was no money at the time, and there was no fixed income, so there was no intention or ability to pay the price even if the defendant received alcohol and service from the victim.

The Defendant was provided with alcohol and service equivalent to the total market value of 820,000 won from the victim.

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of each police statement related to C and F;

1. Receipts, on-site photographs;

1. Before ruling: Application of inquiry, such as criminal records, investigation reports (date of release and confirmation of the same kind of power);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Aggravation of repeated crimes;

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