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(영문) 대전지방법원 2019.05.31 2019고단848
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On November 24, 2010, the Defendant was sentenced to a three-year suspension of the execution of imprisonment with prison labor for murder at Seoul High Court for three years, and on December 20, 2013, under the grace period, the Defendant was sentenced to eight months of imprisonment with prison labor for fraud, etc. at the Changwon District Court Tongwon District Court’s Tongwon Branch on May 26, 2014, and the said judgment became final and conclusive, and the sentence of the said suspension of execution was terminated on December 21, 2016.

[2019 Highest 848] On March 10, 2019, the Defendant: (a) around 01:00, at the D main points of the Victim C’s Operation in Daejeon Middle-gu B, Daejeon; (b) despite that the Defendant did not have sufficient cash or credit card means of payment, etc., and thus did not have an intent or ability to pay the price normally even if he/she was provided with alcohol or alcohol from the victim, he/she would act as if he/she would normally pay the price; and (c) ordered the payment; and (d) from the victim, he/she received from the victim the amount equivalent to KRW 50,000,00 in total the market price of KRW 12,50,000,000 in the same place.

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

[2019 Highest 1093]

1. On December 2, 2018, the Defendant: (a) around 00:05 on December 2, 2018, at the G point of view of the management of the Victim F in Yongsan-gu, Yongsan-gu; (b) in fact, despite that the Defendant did not have sufficient cash or credit cards, etc., and was unable to normally pay the amount even if he/she was provided with drinking and drinking by the victim, he/she would act as if he/she would normally pay the amount; and (c) ordered the payment; and (d) the Defendant was provided with 15,000,000 won in the market value from the victim’s place.

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

2. On December 15, 2018, the Defendant was guilty on December 15, 2018, at the main point of “J” managed by the victim I on the second floor of Ilyang-dong, Yongsan-gu, Busan-gu, Busan-si, and the facts are adequate cash or credit cards, etc. under water.

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