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(영문) 인천지방법원 2019.02.28 2018고단3445
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On October 16, 2014, the Defendant was sentenced to three years of imprisonment for fraud, etc. by the Incheon District Court, and the review of the instant case commenced, and on August 18, 2016, the Defendant was sentenced to two years and eight months of imprisonment at the Incheon District Court, and completed the enforcement of the said sentence on January 12, 2017.

【Criminal Facts】

around 09:00 on April 17, 2018, the Defendant, “J” operated by the victim I in Nam-gu Incheon Metropolitan City H, ordered alcohol, alcohol, etc. as if he would pay the amount to the victim.

However, in fact, the defendant has only KRW 40,00 in cash, and there was no intention or ability to pay the price even if he/she receives an order for alcohol, alcohol, etc.

The Defendant, by deceiving the victim as above, was provided with alcohol, alcohol, and alcohol equivalent to the total market value of 2.70,000 won from the victim.

around 02:30 on June 19, 2018, the Defendant issued an order for alcohol, alcohol, etc. while doing so as to pay the amount to the victim M in the L located in the Nam-gu Incheon Metropolitan City.

However, the defendant had only 38,00 won in cash at the time, and the defendant did not have an intention or ability to pay the price even if he/she orders alcohol, alcohol, etc.

Nevertheless, the Defendant, by deceiving the victim as above, was provided with the victim with an alcoholic beverage and an alcoholic beverage equivalent to the total market value of KRW 460,000 from the victim and acquired it by deception.

around 10:20 on May 28, 2018, the Defendant ordered alcohol and alcohol as if he would normally pay the price to the injured P, an employee, as prescribed by the building of Gyeyang-gu Incheon Gyeyang-gu and the "O" on the second floor.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol and alcohol from the victim because of the lack of cash or credit card, etc. in possession at the time.

The defendant deceivings the victim as such, and is in total the market value from the victim.

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