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(영문) 의정부지방법원 고양지원 2020.04.22 2019고단1659
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On February 21, 2019, the Defendant sentenced Cheongju District Court to four months of imprisonment for fraud, and completed the execution of the sentence on May 19, 2019.

On June 15, 2019, the Defendant: (a) around 20:30 on June 15, 2019, “D” in the victim C’s operation in Paju-si, Paju-si, Paju-si; and (b) on fact, the Defendant was provided with an order for alcohol and alcohol equivalent to KRW 180,00,00 in total, even if he/she was provided with an order for alcohol and alcohol, as if he/she had no intent or ability to pay the price.

On June 16, 2019, the Defendant: (a) around 23:05 on June 16, 2019, “G” in the “F operation” of the victim F in Pakistan; and (b) on fact, the Defendant was provided with an order of alcohol and alcohol as if he would pay the alcohol value even if he did not have the intent or ability to pay the price, and received an order of alcohol and alcohol equivalent to KRW 3.90,00 from the victim.

On December 31, 2019, the Defendant: (a) around 03:10 on December 31, 2019, at the entertainment tavern called “J” in the operation of the victim I located in Sejong Special Self-Governing City; (b) on fact, the Defendant was ordered to pay the price in the absence of an intent or ability to pay the price even if he/she was provided with an order for alcohol and alcohol; and (c) the Defendant was ordered to pay the price in the form of alcohol and alcohol equivalent to the total of KRW 435,00,000 in the market price.

Summary of Evidence

1. Previous records: Criminal history records, etc., report on the results of inquiry, previous dispositions, results of confirmation, and personal confinement status “2019 Highest 1659”;

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs;

1. "Receipt 2019 Highest 1934";

1. Defendant's legal statement;

1. A written statement;

1. On-site photographs;

1. Receipts:

1. A report on internal investigation (the search and investigation of victims) "20, 755";

1. Defendant's legal statement;

1. The K's statement;

1. On-site photographs;

1. Receipts:

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Concurrent Crimes.

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