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(영문) 인천지방법원 2016.01.14 2015고단7684
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 14, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor and two years of suspended sentence for a violation of the Game Industry Promotion Act at the Incheon District Court, and the judgment became final and conclusive on January 8, 2013. On August 29, 2013, the period of suspended execution was eight months of imprisonment with prison labor at the Incheon District Court for fraud, etc., and the judgment became final and conclusive on December 27, 2013, the sentence of suspended execution was invalidated. On May 15, 2014, the Defendant was sentenced to four months of imprisonment with prison labor at the Incheon District Court for fraud, and the execution of each of the above punishments was terminated on August 18, 2015.

1. Fraud on August 19, 2015

A. On August 19, 2015, around 18:30 on August 19, 2015, the Defendant committed as if he would pay the alcohol value at the “E” entertainment shop operated by the victim D in Bupyeong-gu Incheon Metropolitan City, and made a false statement that the victim would have paid the alcohol value.

However, at the time, the Defendant did not possess cash, card, etc. to pay the drinking value in addition to the cash cost of KRW 10,000, and the Defendant had no intention or ability to pay the drinking value because the Defendant’s income was difficult to meet the drinking value.

The Defendant received from the injured party a total of KRW 270,00,000, including 1 bottle, scarbru, sabrus, sabrus, sabrus, sabrus service charges, singing room, etc. from the injured party.

B. On August 19, 2015, around 21:50, the Defendant was able to pay the drinking value at the “H” entertainment station operated by the victim G in the Bupyeong-gu, Incheon, Bupyeong-gu, and the second floor of the victim G, and made a false statement by changing the drinking value to the victim’s share.

However, at the time, the Defendant did not possess cash, card, etc. to pay the drinking value in addition to the cash cost of KRW 10,000, and the Defendant had no intention or ability to pay the drinking value because the Defendant’s income was difficult to meet the drinking value.

The Defendant was provided from the injured party with alcoholic beverages of the sum of KRW 225,00,00 for each of them, namely, one bottle of alcoholic beverages, drinking water, and singing room.

2. The Defendant commits fraud on August 26, 2015.

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