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(영문) 대구지방법원 포항지원 2020.06.10 2020고단255
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 6, 2019, the Defendant was sentenced to five months of imprisonment for fraud in the Daegu District Court’s Port Branch Branch, and on January 29, 2020, the Defendant completed the enforcement of the sentence in the port prison.

【Criminal Facts】

1. Around 20:00 on February 17, 2020, the Defendant and B (hereinafter the same day) jointly committed criminal conduct ordered alcohol and alcohol as if they would normally pay the co-offender B and the safe payment at the main point.

However, the defendant and B did not have a valid means of settlement such as cash or credit card at the time, and thus did not have the intent or ability to pay the price even if they were provided with alcohol and alcohol from the victim.

The Defendant, in collusion with B, by deceiving the victim as above, received a total of 47,00 won from the victim, namely, an alcoholic beverage and a share equivalent to the sum of 47,000 won.

2. At around February 19, 2020, the Defendant’s sole criminal conduct ordered that the Defendant would normally pay the amount at the “H” week operated by the Victim G located in the North-gu North Korean Port at the North Korean Port.

However, the defendant did not possess a valid means of settlement such as cash or credit card at the time, and thus did not have the intent or ability to pay the price even if he received alcohol and know-how from the victim.

The Defendant, as seen above, by deceiving the victim, received a total of KRW 23,000 from the victim, namely, a sum of KRW 23,00,00, and received from the victim, from that time through March 3, 2020, an alcoholic beverage and a share equivalent to KRW 238,00 in total through the same six times, as indicated in the attached crime list, from March 3, 202.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement made by the I and J respective police officers;

1. Each written statement (Simplified common) of D, G, K, L and M;

1. Investigation reports (on-site and attachment of receipts), two photographs, one receipt, each 112 reported case handling table, and one receipt; and

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