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(영문) 창원지방법원 2018.09.20 2017고단3830
사기
Text

Imprisonment with prison labor for the crimes of 1, 2, 6, 7, 8, 9, or 10 in the judgment of the defendant, and for the crimes of 3, 4, or 5 in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal records] On August 9, 2017, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment with prison labor for the crime of destroying property at the Changwon District Court, and the judgment became final and conclusive on August 17, 2017.

[2017 Highest 3830]

1. On November 1, 2017, at around 20:50, the Defendant issued an order for alcoholic beverages, etc. to the victim E, who is the above DCoper, even though he/she did not have any intent or ability to pay the alcohol value, and acquired it by deceptioning that he/she would pay the alcohol value to the victim E, which is the above D Coper, while taking the disposition of alcoholic beverages, etc., and obtained it from the damaged party 250,000 won in total.

[2018 Highest 1994]

2. On July 23, 2018, the Defendant: (a) around 18:30 on G main points located in Kimhae-siF, and (b) on July 23, 2018, the Defendant, even though he did not have the intent or ability to pay the alcohol value, was aware that he would have paid the alcohol value to the victim H, the main place of the said main place of business; (c) ordered the alcohol, etc.; and (d) was issued two concurrent weeks of the total amount of KRW 390,00 from the victim.

[2018 Highest 2201]

3. On July 3, 2016, the Defendant would pay the victim a full sum of the amount of credit to the victim without his/her intent or ability to pay the drinking value from the “K Sing shop” operated by the Victim J in Kimhae-si on July 3, 2016.

The phrase "..." makes a false representation, which received from the injured party the sum of KRW 5,90,000 from KRW 333,00,000, and acquired it by fraud.

4. On April 30, 2017, the Defendant: (a) committed an act as if he would pay the alcohol value to the above victim without the intent or ability to pay the alcohol value at the place specified in paragraph (1) at around April 30, 2017; (b) ordered the alcohol, etc.; and (c) obtained the said order from the injured party a total sum of KRW 2.40,000 from the son

5. On June 5, 2017, the Defendant would make payment to the said victim in full up to the credit alcohol value without any intent or ability to pay the drinking value at the place specified in paragraph 1 at the same time.

The phrase “a request for alcoholic beverage” is false, and the injury is provided with 20,000 won in total from the injured party.

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