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(영문) 부산지방법원 2014.08.12 2014고단5976
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On July 19, 2012, the Defendant was sentenced to 8 months of imprisonment for larceny at the Busan District Court, and the period of parole was expired on July 30, 2013 and on August 27, 2013.

1. On October 12, 2013, around 01:00 on October 12, 2013, the criminal defendant against the victim T requested the victim to provide alcohol, alcohol, and practical services in the “V” operated by the victim T in Busan-gu U.S., Busan-do.

However, there was no money that the Defendant had been a bad credit holder at the time, and there was no fixed income, so there was no intention or ability to pay the price even if the Defendant was provided with alcohol and service from the victim.

The Defendant was provided with alcohol and service equivalent to the total market value of 370,000 won from the victim.

Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.

2. On October 12, 2013, around 19:00 on October 19, 2013, the Defendant requested the victim X’s “Y station” operated by the victim X located in Busan Jin-gu, Busan, to provide alcohol, alcohol, and practical services to the victim together with the daily W.

However, there was no money that the Defendant had been a bad credit holder at the time, and there was no fixed income, so there was no intention or ability to pay the price even if the Defendant was provided with alcohol and service from the victim.

The Defendant was provided with alcohol and service equivalent to the total market value of 380,000 won by the victim.

Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning W;

1. Each police statement about X and T;

1. Each receipt; and

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report on the results of confirmation before disposition), and application of Acts and subordinate statutes as a result of prisoners’ search;

1. Article 347(1) of the Criminal Act and Article 347(1) of the same Act concerning the selection of applicable laws and punishment for the facts of crime;

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