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(영문) 창원지방법원 통영지원 2019.05.09 2018고단374
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On February 8, 2018, the Defendant was sentenced to a suspended sentence of two years for a period of six months in the Changwon District Court’s territorial branch. The above judgment became final and conclusive on February 20, 2018.

【Criminal Facts】

1. On July 28, 2014, the Defendant: (a) at the D main points of the victim C’s operation through Tong Young-si, the Defendant, despite having no particular property at the time and having no intent or ability to pay the liquor price, etc. even if he/she received benefits due to excessive debts, he/she stated that “the amount of alcohol is changed in the judgment of the court below to calculate the liquor price after making payment to the victim; and (b) he/she received both 2 sicks and Domi services from the victim and obtained the total amount of KRW 12.40,00 from the victim.”

2. On August 1, 2015, the Defendant, at the place specified in paragraph (1) at the same time, provided that “If a monthly wage is paid, the alcohol price, etc. is not an intention or ability to pay the liquor price, etc. even if the Defendant did not have any particular property at the time and received the benefit due to excessive debts, the Defendant, as if he would pay the alcohol price, stated, “The immediately following the calculation of the alcohol price shall be changed” to the victim C, and that the Defendant, who was provided the two-way disease and gambling services from the victim, obtained the total sum of KRW

3. On August 10, 2015, the Defendant: (a) at the place specified in paragraph (1) around August 10, 2015, without any particular property at the time and without any intent or ability to pay liquor prices, etc., even if the Defendant received benefits due to excessive debts, the Defendant provided the victim C with the phrase “the victim C, as if he would pay the alcohol prices, i.e., “the amount of 3 illness and the amount of 1820,000 won in total by receiving the two-way services from the victim.”

4. On August 15, 2015, the Defendant did not have any particular property at the time and received benefits due to excessive debts at the place specified in paragraph (1) at the same time, but did not have the intent or ability to pay the liquor price, etc., the Defendant is essential to the victim C as if he would pay the liquor price.

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