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(영문) 인천지방법원 2015.08.12 2014고단5936
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 26, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence in the net prison on May 5, 2014.

"2014 Highest 5936"

1. On August 25, 2014, the Defendant: (a) around 18:00, the victim D, operated by Seo-gu Incheon, Seo-gu, Incheon, ordered the victim to pay the usual drinking value despite the victim’s absence of the intent or ability to pay the drinking value; (b) the Defendant ordered the victim to pay the drinking value; and (c) the Defendant received from the victim the victim one disease and having the face value equivalent to the total market value of KRW 140,00,00.

2. On August 25, 2014, the Defendant: (a) around 22:00, on the H main points operated by the victim G in Seo-gu Incheon, Seo-gu, Incheon, sent the Defendant’s attitude that the victim would normally pay the alcohol value despite having no intent or ability to pay the alcohol value; and (b) issued an order of alcohol and alcohol to the victim; and (c) the Defendant was issued from the victim one disease and alcohol in the aggregate amount of KRW 320,00 in the market value.

around 19:50 on August 24, 2014, the Defendant ordered alcohol and alcohol as if the Defendant would pay the amount to the victim to the victim, at the point of “K” operated by the victim J in Seo-gu Incheon, Seo-gu, Incheon.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol and alcohol from the victim.

The Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to KRW 2.70,00 in total in the market price of two weeks, one week, and four diseases in drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. Previous convictions in judgment: Criminal history records, inquiry reports (A), investigation reports (former criminal records), and "2014 Highest 5936";

1. A written statement of G and D;

1. Invoice and sales slips "2014 highest 6163";

1. Written Statement;

1. Application of the receipt statute

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The Criminal Act among repeated crimes;

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