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(영문) 인천지방법원 2017.06.14 2017고단2892
사기등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 25, 2016, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court on August 25, 2016, and completed the execution of the sentence at the Child Training Institution on March 28, 2017.

1. Fraud;

A. On March 30, 2017, at around 01:50, the Defendant issued an order to pay the drinking value at the drinking house for the operation of the victim D located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, as if he would pay the drinking value. Pursuant to the foregoing, the Defendant issued an order to: 2 sick, 19 sick, and alju.

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

The Defendant, by deceiving the victim as such, obtained the victim from the victim with an alcoholic beverage and an alcoholic beverage equivalent to KRW 500,000 at the market price on the same day.

B. On April 8, 2017, around 22:10, the Defendant ordered beer 10 sicks, and beer 10 alcohols, etc.

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

As such, the Defendant, by deceiving the victim, was provided with an alcoholic beverage and a share equivalent to 66,00 won at the market price on the same day from the victim.

2. Around April 8, 2017, the Defendant embezzled a cat card, the victim I lost, on the front day of the H in Nam-gu Incheon Metropolitan City, with a view to his/her own possession, without following necessary procedures, such as returning it to the victim, even though he/she acquired one copy of the cat card, the victim I lost, at around 14:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A protocol of seizure and a list of seizure;

1. Request for field fingerprints appraisal and response to appraisal;

1. Each receipt; and

1. Photographss and photographs of seized articles;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, results of the confinement of prisoners, and application of the text of the judgment of Seoul Central District Court Decision 2016 High Court Decision 3552 High Court Decision 3 copies;

1. Article 347(1) of the Criminal Act (the point of fraud) and Article 360 of the Criminal Act.

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