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(영문) 부산지방법원 2017.02.16 2016고단5404
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 28, 2016, the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court, and the execution of the sentence was terminated on June 4, 2016 at the Busan Detention House.

around 00:40 on July 7, 2016, the Defendant ordered alcoholic beverages, etc. as if he would pay the alcohol value to the victim from the "E-sing shop of the victim D' in the 1st underground floor of the Busan Dong-gu, Busan Metropolitan City."

However, the defendant did not have any intention or ability to pay the price even if he received liquor from the injured party.

Defendant 1 received from the injured party, i.e., the amount of 3 C and 2 C in each share from the injured party, i.e., the amount of 590,000 won at the market price, such as service charges of 3 C and 2 Domina, and acquired it by deception.

around September 3, 2016, the Defendant ordered alcoholic beverages, etc. from “H amusement shop” operated by the victim G located in F in Busan District, Busan District Court on September 3, 2016, as if he would pay the alcohol value to the victim.

However, the defendant did not have any intention or ability to pay the price even if he received liquor from the injured party.

The Defendant, as above, was informed of the victim’s deception, and received from the victim, the Defendant, at his seat, a total of KRW 170,000 and KRW 40,00,000, including the two weeks of the market price of KRW 130,00 and the service charges of KRW 40,00.

"2016 Highest 6758"

1. Fraud;

A. On October 8, 2016, at around 20:25, the Defendant issued an order to the victim as if he/she did not have an intent or ability to pay the price, and was provided the victim with an amount equivalent to KRW 479,000,00, totaling of KRW 33 C, 1ma, 1ma, 2A, and 200, from the victim, even though he/she did not have an intent or ability to pay the price.

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

B. On October 10, 2016, the Defendant paid the amount of money in the Nuding Practice Center operated by the Victim M in Busan Northern-gu L around 22:00.

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