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(영문) 서울북부지방법원 2017.08.10 2017고단1576
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Western District Court on June 17, 2015, and completed the execution of the sentence at the Seoul Southern District Court on October 29, 2015, and on May 31, 2016, the Seoul Southern District Court sentenced ten months to imprisonment for fraud and completed the execution of the sentence on December 7, 2016, and the same criminal records were more than 16 times.

[2017 Highest 1576] On April 18, 2017, the Defendant: (a) around 04:20 on April 18, 2017, the “E main store” operated by the victim D on the fifth floor of the building C, Gangnam-gu, Seoul; and (b) on the other hand, the Defendant was ordered to pay the completion price in the absence of the intent or ability to pay the price even if he was provided with the alcohol; and (c) the Defendant was provided with 1 C of the Hague XO in the amount of KRW 680,00 at the market price from the victim’s seat.

Accordingly, the defendant was given property by deceiving the victim.

[2017 Highest 1840] On April 15, 2017, the Defendant: (a) around 02:00, at the main point of “H” operated by the victim G in Gangnam-gu Seoul, Seoul, even if he/she was provided with alcoholic beverages, he/she did not have the intent or ability to pay the price, and paid the price properly; (b) ordered two weeks in the 18-year Pitus Pitus and Situs; and (c) the Defendant was provided with alcoholic beverages in the aggregate amount of KRW 460,00 from the damaged person’s market price.

Accordingly, the defendant acquired property by deceiving the victim.

[2017 Highest 2396] On April 11, 2017, the Defendant was provided with alcohol and food equivalent to KRW 20,500,00 in total market price from the injured party, even if he was provided with alcohol and food, as if he did not have the intent or ability to pay the price, and was paid the price.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

[2017 Highest 1576]

1. The defendant's statement in court;

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