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Reasons
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(영문) 대구지방법원 2016.04.29 2016고단460
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On July 14, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence on December 17, 2015.

[2016 Highest 460]

1. On January 22, 2016, the Defendant issued an order for alcohol and alcohol to the victim C at the main point of the victim C operation “C” located in Daegu Suwon-gu, Daegu Suwon-gu around 01:40.

However, the defendant did not have any intention or ability to pay the price because he did not have any money even if he was provided with alcohol, alcohol, etc. from the injured party.

The Defendant, as such, by deceiving the victim, was provided with alcohol and alcohol equivalent to KRW 220,00 from the victim.

2. On January 22, 2016, the Defendant ordered alcohol and alcohol to the victim E’s main points in the Daegu Suwon-gu Operation “G” located in the victim E-gu F, Daegu-gu around 05:00.

However, the defendant did not have any intention or ability to pay the price because he did not have any money even if he was provided with alcohol, alcohol, etc. from the injured party.

The Defendant, as such, by deceiving the victim, was provided with alcohol and alcohol equivalent to KRW 200,00 from the victim.

[2016 Highest 869] On January 8, 2016, the Defendant pretended that the Defendant would normally pay the amount for the completion of the work at the “Osing room” No. 4 located in H of Daegu-gu, Daegu-gu, as well as the victim I who is the owner of the business at the place, who ordered the alcohol and the alcohol.

However, the Defendant did not have the means of payment, such as cash, and did not have the intent or ability to pay the price even if he was provided with the foregoing alcohol, alcohol, etc. from the injured party.

As above, the Defendant deceivings the victim, and was provided with a total of KRW 200,000,00,000 from the victim.

Summary of Evidence

[2016 Highest 460]

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement of each police statement with respect to E and C;

1. Each entry in a receipt (G main points), receipt (main points), and receipt (2016 order 869);

1. The defendant's person;

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