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(영문) 인천지방법원 부천지원 2014.11.14 2014고단1415
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On February 14, 2008, the Defendant was sentenced to imprisonment with prison labor for larceny in the Daegu District Court Kimcheon Branch, and on December 18, 2009, the Incheon District Court sentenced to imprisonment with prison labor for larceny on December 18, 2009, respectively. On December 3, 2010, the Defendant was sentenced to three years from imprisonment with prison labor for larceny, etc. on September 7, 2013 and completed the execution of the sentence in the port prison on September 7, 2013, and there are more four previous divisions.

[2014 Highest 1415]

1. Fraud;

A. At around 00:40 on May 24, 2014, the Defendant: (a) placed in the main point of “E” operated by the victim D, who is in Bupyeong-gu, Seocheon-gu, Busan; (b) placed the victim with the intent or ability to pay the amount; and (c) ordered the victim with alcohol and alcohol.

However, in fact, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. by the victim because he thought that he will steals goods by taking advantage of the gaps in which surveillance was neglected by the victim.

Nevertheless, the Defendant, by deceiving the victim as such, was provided with alcohol and alcohol equivalent to the total market value of 24,000 won by the victim.

B. On June 13, 2014, the Defendant: (a) around 02:00, at the main point of “H” operated by the Victim G in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul; (b) as if he/she had an intent or ability to pay the amount, the Defendant ordered the victim to provide alcohol and alcohol.

However, in fact, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. by the victim because he thought that he will steals goods by taking advantage of the gaps in which surveillance was neglected by the victim.

Nevertheless, the Defendant, by deceiving the victim, was provided with an alcoholic beverage and an alcoholic beverage equivalent to the total market value of 44,000 won by deceiving the victim.

2. Violation of the Aggravated Punishment Act;

A. The Defendant, on May 24, 2014, around 00:40, around 1-A.

The victim D Bable at the same place as this paragraph.

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