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(영문) 대전지방법원 2018.04.03 2018고단122
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who was sentenced to ten months of imprisonment for a crime on July 19, 2017 by the Suwon Friwon and completed the execution of the sentence in the Gisung Vocational Training Correctional Institution on December 8, 2017.

The Defendant, “2018 Highest 122,” even though he/she did not have a valid means of payment, such as cash or credit card, so he/she did not have an intent or ability to pay the price even if he/she was provided with alcoholic beverages and alcohol, enter the “E Point” for the operation of the Victim D in Daejeon-gu, Daejeon, Daejeon, on December 28, 2017.

After having ordered the victim to pay the amount of money normally, the victim failed to pay the amount of money equivalent to the amount of money of KRW 420,000,000, the market price of which was the total of the amount of money of KRW 420,000, and the amount of money for entertainment entertainment.

around 22:00 on December 19, 2017, the Defendant belonged to the victim as if he would pay the normal drinking value, etc. at a general restaurant operated by the victim G in Dongjak-gu Seoul Metropolitan Government F, thereby deceiving the victim.

However, in fact, the defendant did not pay the price and did not intend to pay the price even if he received the alcohol from the injured party.

The defendant was provided with 420,000 won of beer and 40,000 won of beer, and acquired with beer.

Summary of Evidence

"2018 Highest 122"

1. Statement by the defendant in the court room among the first trial records;

1. Written statements of D: "2018 highest 452";

1. Statement by the defendant in court;

1. The G's statement "Chography Department";

1. Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (prior offense of the suspect), report on the result of confirmation of the previous conviction of the disposition, and report on the date of release);

1. Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act as to the facts constituting an offense, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of recommendations] type 1 (100 million won).

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