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(영문) 부산지방법원 2017.04.28 2017고단76
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 12, 2015, the Defendant was sentenced to imprisonment for fraud at the Busan District Court on November 12, 2015 and completed the execution of the sentence at Busan Correctional Institution on December 13, 2016.

[2] From 20:30 on December 23, 2016 to 00:20 on the following day, the Defendant sent the same attitude that the Plaintiff would pay the drinking value at the entertainment shop located in Busan Seo-gu (mutual “D”, and the victim E operation) in a normal manner, and ordered the Defendant to provide alcohol and alcohol to the victim.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the injured party because there is no means of settlement such as cash, etc. to pay the drinking price at the time.

The Defendant, as such, by deceiving the victim, was provided by the victim with an alcoholic beverage and an alcoholic beverage equivalent to the total market value of KRW 300,000,000.

Accordingly, the defendant acquired property by deceiving the victim.

[2] From January 4, 2017, the Defendant: (a) from around 18:15 to around 00:40 on the following day; (b) from around January 4, 2017, the Defendant: (c) had no intent or ability to pay the price even if the Defendant had been provided with alcohol, alcohol, etc. from the injured party; (d) had been carried out as if the payment was made at the main station located in Busan Jung-gu F (mutual “G” and the operation of the Victim H; and (e) ordered 12 C/M to be made by the injured party.

The defendant deceivings the victim as above, and received 12 Macju and 3 Macju (a total of 108,000 won) from the victim, and acquired it by fraud.

[2] On January 7, 2017, the Defendant: (a) around 21:50 on January 7, 2017, the Defendant: (b) had no intent or ability to pay the price even if he/she was provided with alcohol and alcohol from the injured party; (c) despite that he/she had no intent or capacity to pay the price, the Defendant deceivings the injured party by means of leading the victim to pay the alcohol price at the main points located in Busan Dong-gu I (Operation of the VictimJ); and (d) ordering the victim to provide alcohol and alcohol.

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