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(영문) 대구지방법원 서부지원 2016.06.09 2016고단792
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 4, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud in the vice-branch of the Daegu District Court for eight months, and the said judgment became final and conclusive on September 12, 2015, and is currently under suspended sentence.

[Criminal Facts]

1. On May 1, 2016, the Defendant: (a) from around 01:00 to around 02:00 on the same day, at the “E” entertainment point operated by the victim D located in Daegu Seo-gu, Seo-gu, Seo-gu; (b) the Defendant: (c) was engaged in an act as if the Defendant would normally pay the price despite having no intent or ability to pay the price, even if he/she received orders for alcoholic beverages, and ordered the victim to pay the price; and (d) the Defendant was provided with music services and employees with the Defendant’s services by having been provided by the victim with the Plaintiff with the amount of KRW 140,00,00 in total from the place of the damage.

Accordingly, the defendant, by deceiving the victim, received property equivalent to 140,000 won in total or acquired financial benefits.

2. On May 1, 2016, the Defendant: (a) around 22:10, at the “G” restaurant operated by the Victim F in Daegu Seo-gu, Daegu-gu; and (b) at the “G” restaurant, the Defendant, even if having ordered a State-based breab, did not have the intent or ability to pay the price; (c) was committed as if the Defendant would normally pay the price; and (d) ordered the Defendant’s breab to pay the price to the victim; and (e) was provided from the victim’s b

Accordingly, the defendant, by deceiving the victim, obtained property equivalent to 5,000 won and acquired it.

3. On May 1, 2016, the Defendant: (a) from around 23:00 to around 01:00 on the following day, at the “I” entertainment station operated by the victim H in Daegu Seo-gu, Seo-gu; (b) was engaged in as if the Defendant would normally pay the amount despite having no intent or ability to pay the said amount even if he/she takes the orders of alcoholic beverage and alcoholic beverage; and (c) ordered the victim’s alcoholic beverage and alcoholic beverage to the victim; and (d) the Defendant was aware of the amount of KRW 150,00 in total from the place of the damage.

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