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(영문) 부산지방법원 2013.05.16 2012고단10704
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

"2012 Highest 10704"

1. On August 16, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence on August 18, 2012.

On December 17, 2012, around 23:30 on December 17, 2012, the Defendant ordered the victim’s “Eju” in Busan Jung-gu, Busan, to pay the price, and the Defendant ordered the victim to pay the price despite the absence of the intent or ability to pay the price, as if the Defendant were to pay the price.

As such, the Defendant, by deceiving the victim, received two diseases in the amount equivalent to KRW 330,00,000 from the victim, and did not pay the said amount, thereby acquiring property benefits equivalent to the same amount.

"2013 Highest 1630"

2. At around 00:20 on November 11, 2012, the Defendant ordered an alcoholic beverage to the victim as if he were to pay the price, even if he did not have the intent or ability to pay the price.

The Defendant, by deceiving the victim, received a total of 80,000 won from the victim, including but not limited to 10 soldiers, and 80,000 won from the victim, and did not pay the amount.

3. On November 18, 2012, the Defendant obtained a total of KRW 215,00,00, including but not limited to KRW 215,00,00, from the K-ju station operated by the Victim JJ on the part of the victim I-2 level in Busan, Busan, on November 18, 2012, on the same manner as the above, and did not pay the price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, L, and J;

1. Previous convictions in judgment: Application of investigation reports (verification of the expiry date of punishment and attachment of judgment, etc.);

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, and Article 347(1) of the choice of punishment are not significant, but damage recovery.

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