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(영문) 인천지방법원 부천지원 2018.06.01 2018고단609
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On January 11, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Western District Court, and completed the execution of the sentence at the same detention center on February 14, 2018.

On March 20, 2018, the Defendant: (a) around 03:30 on March 20, 2018, up to five main points operated by the victim D in Seocheon-si, Seocheon-si; (b) on March 20, 2018, the Defendant ordered the two main points of C to pay the price to E; and (c) on March 20, 201, the Defendant requested two main points of C to do so.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcoholic beverages and helpers due to the lack of money.

The Defendant, as such, by deceiving the above E, was provided with alcoholic beverages and helper equivalent to the total market value of KRW 540,000 from E, that is, from E, and acquired pecuniary benefits equivalent to the same amount.

around 23:30 on March 12, 2018, the Defendant ordered alcoholic beverages and liquors worth a total of 223,000 won in the market price, including one CJT 1 C, 4 C, 4 C, 4 C, 1 bottle C, 1 bottle C, 200 won in total, and 223,00 won in the market price.

However, the defendant did not have any intention or ability to pay the price even if he received alcoholic beverages, etc. due to the lack of money.

The Defendant, as such, by deceiving the above I, received alcoholic beverages of 223,00 won in total at the market price from I, i.e., to acquire them by deceit.

Summary of Evidence

"Cases of 2018 Highest 609"

1. Statement by the defendant in court;

1. A victim statement of E;

1. On-site photographs and receipts;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, the results of investigation (verification of the records of the same kind of crime as the suspect), and eight copies of the judgment “2018 High Order 827”;

1. Statement by the defendant in court;

1. Investigation report (victim I telephone communications);

1. Application of interim invoices, field photographs-related Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the selection of criminal facts; and

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