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(영문) 창원지방법원 마산지원 2018.12.11 2018고단283
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

2018 Highest 283

1. On January 26, 2018, at around 19:10, the defrauded C’s “Osing room” operated by the victim C in Changwon-si C, Changwon-si, Changwon-si, and the Defendant made a false statement that the Defendant ordered the victim to provide alcohol and the helper service despite the victim’s absence of the intent or ability to pay the cost, and that the Defendant would make the payment.

The Defendant received from the injured party the 60,000 won of the market price of 15 Madju and 40,000 won of the market price of 40,000, respectively, and acquired the same amount of 60,000 won of the Madju.

2. On January 26, 2018, around 20:55, the Defendant: (a) provided alcohol and gambling services at the same location as above, and (b) committed assault against the victim D ( South, 61 years old) who was the offender of the said C, who discovered the provision, and went out of the toilet as if he were in the toilet; and (c) committed assault against the victim by putting the victim to the victim D ( South, 61 years old) who was the offender of the said C, who was aware of the provision.

At around 18:41 on January 3, 2018, Defendant 2018, Defendant 840, “OO-singing” operated by the Victim F in Changwon-si E, Changwon-si, Ma-si, and the fact, despite the absence of the intent or ability to pay the price even if the Plaintiff was provided with the alcohol and the helper service, stated that the Defendant ordered the victim to provide the alcohol and the helper service and made a false statement on the high seas.

The Defendant received 12 sick service equivalent to the market price of 80,000 won from the injured party, and acquired property or property benefits equivalent to the same amount after being provided with 30,000 won service.

Summary of Evidence

2018 Highest 283

1. Statement by the defendant in court;

1. C or D’s statement protocol 2018 high group 840

1. Statement by the defendant in court;

1. Application of F’s written Acts and subordinate statutes;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment, respectively;

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