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(영문) 광주지방법원 순천지원 2019.03.21 2018고단1715
사기
Text

Defendant shall be punished by imprisonment with prison labor for up to ten months for each fraud.

Of this case, the defendant's punishment for larceny is imposed.

Reasons

Punishment of the crime

On November 2, 2017, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Gwangju District Court's Netcheon Branch on November 2, 2017, and the judgment became final and conclusive around February 2018 (the appellate court, although only the prosecutor appealed against the above judgment, the appellate court rendered a judgment dismissing the appeal on January 17, 2018, and the Defendant appealed against this judgment, but the appellate court rendered a ruling dismissing the appeal by the appellate court on February 5, 2018). The execution of the sentence was terminated on May 20, 2018.

around 21:00 on August 13, 2018, the Defendant, “2018 Highest 1715”, was not paid KRW 60,00,000,00,000, in the “Duds” operated by the Victim C in Macheon-si, and even if there was no cash, and the balance of the Cuds remains only KRW 1.20,000,00 and there was no intent or ability to pay the drinking value, etc., the Defendant did not pay the drinking value to the Defendant.

Accordingly, the defendant deceivings the victim and acquired another person's property and pecuniary profits.

[2018 Highest 1917]

1. On July 17, 2018, the Defendant ordered liquor and entertainment service with the victim’s payment under the “G” around 01:00 Mayang-si E building and the “F management of the victim FF located on the second floor” around July 17, 2018.

However, the Defendant had no intention or ability to pay the price even if the Defendant was provided with alcoholic beverages and entertainment services from the victim.

The Defendant, by deceiving the victim as such, obtained alcohol and entertainment services equivalent to KRW 2.70,00 from the victim, and acquired pecuniary profits by deceiving another person's property and acquiring pecuniary profits.

2. On August 4, 2018, the Defendant committed the crime at around 19:50 on August 4, 2018, under the “J” of the operation of H victim I located in Mineyang-si around 19:50 on August 4, 2018, while engaging in the act as if the Defendant would pay the amount to the victim.

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