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(영문) 창원지방법원 마산지원 2017.05.11 2017고단26
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On March 5, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Changwon District Court Msan Branch, and completed the execution of the sentence at the Busan District Court on February 3, 2015. On November 11, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Changwon District Court Msan Branch, and completed the execution of the sentence at the Busan District Court on August 11, 2016.

[2] On December 3, 2016, the Defendant issued an order for alcohol, alcohol, and alcohol to the victim, etc. on the following grounds: (a) around 03:10 on December 3, 2016, the Defendant: (b) placed an order for alcohol, alcohol, etc. on the part of the victim D’s main points in the Changwon-si Mapo-si, Changwon-si, Changwon-si; (c)

However, the fact did not have the intention or ability to pay the price even if the victim was provided with the alcohol or speech.

The defendant deceivings the victim as above, and was provided by the injured party with alcohol and alcohol equivalent to the total market value of 124,000 won in the same place.

On December 3, 2016, the Defendant ordered alcohol, alcohol, and helper services in the “H” operated by the Victim G in Changwon-si, Changwon-si, Changwon-si, Masan-si, Masi-si on December 3, 2016, while doing so as to pay for the completion.

However, at the time of fact, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, alcohol, and helper services from the injured party.

As above, the Defendant had been provided with 150,000 won (170,000 won in total), 3,000,000 won in the market value from the injured party by deceiving the victim as above.

Summary of Evidence

"2017 Highest 26"

1. Statement by the defendant in court;

1. Statement made by the police with D "2017 Highest 131";

1. Statement by the defendant in court;

1. G's statement protocol of the police officer's statement;

1. Application of a reply to inquiry, such as criminal history, report on investigation (verification of suspect, repeated crime period, the same kind of electricity, etc.);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Aggravation concurrent crimes;

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