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(영문) 광주지방법원 해남지원 2020.06.11 2020고단202
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On June 13, 2019, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the support of the Gwangju District Court in Gwangju District Court, and completed the execution of the sentence on May 2, 2020.

【Criminal Facts】

1. Around May 8, 2020, the Defendant, against the victim B, committed an act as if he would normally pay the completion amount in the “D” entertainment tavern operated by the victim in Namnam-gun C, Namnam-gun, and ordered the victim’s employee E to provide alcohol, alcohol, etc.

However, at the time of fact, the defendant did not have cash and did not have any other means to pay the price. Therefore, even if he was provided with alcohol, alcohol, etc. from the victim, the defendant did not have any intention or ability to pay the price.

Nevertheless, the Defendant, as above, by deceiving E, who is an employee of the victim, received from the victim the 150,000 won of the market value from the victim, 15,000 won of the market value, 1,000 won of the Madan and 1,000 won of the Madan.

2. Around 18:00 on May 12, 2020, the criminal defendant against the victim F committed an act as if he would normally pay the completion amount at the “H” restaurant operated by the victim in the Gangnam-nam Navy G, and ordered the victim to provide alcohol, alcohol, etc.

However, at the time of fact, the defendant did not have cash and did not have any other means to pay the price. Therefore, even if he was provided with alcohol, alcohol, etc. from the victim, the defendant did not have any intention or ability to pay the price.

그럼에도 불구하고 피고인은 위와 같이 피해자를 기망하여 이에 속은 피해자로부터 그 자리에서 시가 합계 59,000원 상당의 곰장어, 소주 2병 및 공깃밥 1개를 교부받아 편취하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. One copy of each receipt;

1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (Attachment of criminal records of the same kind as a suspect A, written judgments, and copies of summary orders), written judgments, and written judgments;

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