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(영문) 창원지방법원 통영지원 2018.02.08 2017고단1378
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On May 17, 2017, the Defendant had three same criminal records, including the receipt of a summary order of KRW 1 million as a crime of fraud in the Changwon District Court’s territorial branch on May 17, 2017.

[Criminal facts]

1. On April 6, 2016, the Defendant received approximately KRW 350,00,00,00 from the victim C, a total of approximately KRW 350,00,00,00 from the victim, including B, and obtained pecuniary benefits equivalent to the said amount by providing false words “if the Defendant received benefits, he/she would pay the alcohol value,” as if he/she would pay the alcohol value.”

2. On April 8, 2016, the Defendant received approximately KRW 400,00,00,00 of the total amount of alcohol and alcohol, etc. from the victim C, which was operated by the victim C, on April 8, 2016, on the following grounds: (a) the Defendant did not have the intent or ability to pay alcoholic beverage prices, etc. even if he/she received benefits due to excessive debts from D, as if he/she would pay alcoholic beverage values; (b) the Defendant made a false statement to the victim as if he/she would pay alcoholic beverage values; and (c) obtained a pecuniary benefit equivalent to the same.

3. On April 18, 2016, the Defendant received approximately KRW 190,00,00,00 from the victim C, a total of approximately KRW 1,00,00,00 from the victim C, including B, and acquired pecuniary benefits equivalent to the said amount by providing the victim with an intention or ability to pay alcoholic beverages, etc. even if the Defendant received benefits due to excessive debts at D, as if he/she were to pay the alcohol value as if he/she would pay the alcohol value.

4. On May 2, 2016, the Defendant is due to the excessive debt from D’s car page operated by the victim C at Dong-si around 21:00.

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