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(영문) 대구지방법원 포항지원 2015.03.26 2015고단76
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On October 2, 2013, the Defendant was sentenced to ten months of imprisonment for fraud in the Daegu District Court Port Branch Branch of the Daegu District Court, and completed the execution of the said sentence on June 17, 2014.

【Criminal Facts】

1. On January 21, 2015, the Defendant: (a) around 22:30 on January 21, 2015, at the point of “E” operated by the victim D in the Northern-si, Northern-si, Mapo-si; (b) ordered an alcoholic beverage and an alcoholic beverage that appears to pay the alcohol value despite having no intent or ability to pay the alcohol value; and (c) was provided by the victim with an alcoholic beverage and an alcoholic beverage that was sold on the same spot at one time more than 40,000 won.

2. On January 25, 2015, at around 03:00 on January 25, 2015, the Defendant ordered an alcoholic beverage and an alcoholic beverage to pay the alcohol value even though he/she was unable to pay the alcohol value, and was provided by the victim with an alcoholic beverage and an alcoholic beverage equivalent to 150,000 won at the same place.

3. 2015. 2. 14. 범행 피고인은 2015. 2. 14. 03:30경 포항시 북구 I에 있는 피해자 J가 운영하는 ‘K주점'에서 사실은 술값을 지불할 의사나 능력이 없는데도 마치 술값을 지불할 듯한 태도로 술과 안주를 주문하여 이에 속은 피해자로부터 그 자리에서 판매가 178,000원 상당 양주 1병, 칵테일 1병, 맥주 1병, 오렌지주스 2잔과 안주 1접시를 제공받았다.

4. On February 17, 2015, at around 22:30 on February 17, 2015, the Defendant issued an order for alcohol and alcohol to pay the alcohol value in the “Nju” operated by the victim M in the north-gu L in the north-gu L at Port on February 17, 2015. The Defendant issued an order to pay the alcohol value even though he/she has no intention or ability to pay the alcohol value, and the Defendant was provided one week with two weeks each week in which the sales amount was KRW 570,000 from the place of the order from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to M, J and G;

1. Written statements of D;

1. Each receipt; and

1. Each investigation report (Attachment of receipts, etc.; site photographs);

1. Judgment.

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