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(영문) 서울서부지방법원 2016.08.18 2016고단927
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 16, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Suwon Franchi, and completed the execution of the sentence in the lawsuit of two North Korean Dos on March 3, 2016.

around 18:00 on March 30, 2016, the Defendant entered the main points of “E” operated by the victim D, who is a victim of Yongsan-gu Seoul Metropolitan Government building C. 101, and ordered that the victim would normally pay alcohol value, etc. to the victim, and ordered that the Defendant would be 56,000 won in total, including three C, E, and one E, respectively.

However, the defendant did not have any means of settlement such as cash, and there was no intention or ability to pay the alcohol value, etc. to the victim.

Nevertheless, the defendant deceivings the victim as above, and was provided with alcohol and alcohol equivalent to the sum of KRW 56,00,000, namely, three soldiers, etc. from the victim.

around 20:10 on March 29, 2016, the Defendant ordered 69,000 won in total, including 3 Ch, rhyth, Sym-si, rhym-si, and balth-si, Symb-si, Jung-gu, Seoul, to pay the victim a normal drinking value.

However, the defendant did not have any means of settlement such as cash, and there was no intention or ability to pay the alcohol value, etc. to the victim.

Nevertheless, the defendant deceivings the victim as above, and was provided with alcohol and alcohol equivalent to the sum of KRW 69,000, i.e., Hen 3 C, etc. from the victim.

Summary of Evidence

【Criminal Records】

1. Previous convictions: References to inquiries, such as criminal history, (A), investigation reports (verification of the date of release from the military court, and appendix of relevant rulings), personal identifications and confinements (2016 order, 927);

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. "Receipt 2016 Highest 1,601";

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the receipt statute

1. Relevant Articles of the Act concerning the facts constituting the crime;

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