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(영문) 광주지방법원 2017.02.22 2016고단3787
사기
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On April 23, 2015, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Gwangju District Court for fraud, etc., and the judgment was finalized on May 1, 2015. On October 7, 2015, the Seoul Southern District Court sentenced 4 months of imprisonment with prison labor for fraud, etc. and fine of 20,000 won, and the judgment became final and conclusive on June 11, 2016, and on November 8, 2015, the execution of the sentence was terminated by the cancellation of detention from the Southern Southern District Court in Seoul Southern District Court.

1. On August 17, 2016, the Defendant issued an order for alcohol as if he would normally pay the alcohol value in the trade name “E” operated by the victim D in Gwangju Northern-gu, Gwangju Northern-gu, as well as having paid the alcohol value.

However, the defendant did not have any intention or ability to pay the drinking value because he was not in possession of cash at the time.

However, the defendant, by deceiving the victim, received 11 sicks equivalent to the market value of 165,000 won and fraudulently acquired them.

2. "2017 Highest 390".

A. On August 27, 2016, around August 27, 2016, the Defendant ordered the alcohol by taking into consideration the following as if the Defendant would normally pay the alcohol value from the victim G in Gwangju Northern-gu around 23:00: (a) around August 27, 2016, at the “H” main point operated by the victim G in Gwangju Northern-gu.

However, the defendant did not have any intention or ability to pay the drinking value because he did not have cash or any other means of settlement at the time.

However, the Defendant, by deceiving the victim, received 10 sicks and 1 sicks of the market value of 190,000 won, and acquired them by deceit.

B. On January 9, 2017, the Defendant ordered alcohol at around 02:40 on January 9, 2017, at the point of “K” operated by the Victim J in Gwangju North-gu, Gwangju-gu, the Defendant ordered alcohol as if he would normally pay the alcohol value.

However, the defendant did not have any intention or ability to pay the drinking value because he did not have cash or any other means of settlement at the time.

However, the Defendant, by deceiving the victim, obtained the delivery of 8 sicks and 1 sicks equivalent to the market value of 196,000 won, and acquired them by deception.

b)a summary of the evidence;

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