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(영문) 대구지방법원 서부지원 2018.02.20 2018고단18
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On May 16, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence at the Daegu Prison on September 25, 2017.

[Criminal facts] 2018 Highest 18

1. On November 28, 2017, the Defendant was provided with food equivalent to KRW 65,00,00, in total, one day after the victim D, who was in the Daegu Seo-gu, Daegu-gu, by deceiving the victim as if he did not have the intent and ability to pay the food cost in the “E” restaurant operated by the victim D, who was in the absence of the intent and ability to pay the food cost, thereby inducing the victim to pay the food cost.

2. On December 5, 2017, the Defendant was provided food equivalent to KRW 17,00,00 in total, including KRW 2 sick, drinking water 1 sick, and drinking water 1 bottled to a strike, as if the Defendant had no intent and ability to pay the food cost in a “H” restaurant operated by the victim G in Daegu-gu, Seo-gu, Daegu-gu, as if he were to pay the food cost, by deceiving the victim as if he were to pay the food cost.

On December 31, 2017, the Defendant ordered the victim to 2018 Go-J 96 to 20:0:15, the victim J’s “K,” in the name of the victim J’s operation in Daegu-gu, Seogu, Daegu-gu, ordering the victim to 2/1-2/1-2/1-2/1-2/2-2-2-1-2-1-2-2-1-2-2-2-2-2-2-3-2-3-2

However, the defendant did not have any intention or ability to pay the price even if it is ordered as above because there is no certain occupation or income.

The Defendant, by deceiving the victim, did not pay the amount of meals and alcoholic beverages equivalent to KRW 86,00 from the injured party, thereby acquiring pecuniary benefits equivalent to the same amount of money.

Summary of Evidence

"Prior Records of Judgment"

1. References to inquiries, such as criminal history, and reports on investigation (verification of suspect records) "2018 High Order 18";

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Each invoice and on-site photograph "2018 Highest 96";

1. Statement by the defendant in court;

1. Written Statement;

1. Application of Acts and subordinate statutes to the field and a receipt of alcohol value;

1. Criminal facts;

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