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(영문) 인천지방법원 2018.12.21 2018고단3681
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 02:00 on May 15, 2018, the Defendant ordered 5 beer and 5 beer and mash beer, etc. in Esing rooms operated by the victim D on the Incheon Bupyeong-gu C, and underground first floor.

However, the defendant did not have the intention or ability to pay the drinking value, etc.

Defendant deceiving the victim as above and provided 39,000 won or less from the victim.

"2018 Highest 7433"

1. From September 12, 2018 to November 11:20, 2018, the Defendant acquired a copy of the Postal Card from the “G” way located in Bupyeong-gu Incheon, Bupyeong-gu, to the point of “G”, the victim H was lost.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On September 12, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) purchased tobacco 5, which was set at “J convenience stores” on the 11:20th floor of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and (b) paid 22,500 won with the said card by presenting the said card to the victim under his name, despite the lack of intent or ability to normally pay the goods.

Accordingly, the Defendant, by deceiving the victim, acquired 5 A tobacco that could have been equivalent to the amount of use of the above card, used the lost physical card, and revised the criminal facts to the extent that the Defendant’s defense is not infringed in light of evidence records.

Summary of Evidence

"2018 Highest 3681"

1. The defendant's legal statement (as at the seventh public trial date);

1. Statement made by the police against D;

1. Reports on internal investigation and investigation reports (victim and relative investigation of the suspect);

1. Receipt of the alcoholic beverage value: "2018 highest 7433";

1. Statement by the defendant in court;

1. A statement of victim of H;

1. Report of occurrence (Embezzlements of deserted articles in possession);

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