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(영문) 춘천지방법원 강릉지원 2017.01.10 2016고단1266
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 1, 2012, the Defendant was sentenced to a suspended sentence of one year and six months for committing a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) in the Gangnam Branch of the Chuncheon District Court on November 1, 2012. On July 3, 2014, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and on June 21, 2016, the Defendant completed the execution of the said sentence in the Chuncheon District Court on June 21, 2016.

"2016 Highest 1266"

1. On September 19, 2016, the Defendant issued an order for alcohol, alcohol, and entertainment entertainment service as if he would pay the drinking value in the “E” operated by the victim D (hereinafter 54 years old) located in Gangseo-si (hereinafter “E”) on September 19, 2016. However, in fact, the Defendant did not have any intent or ability to pay the amount because he/she did not possess cash or credit cards, etc. to settle the price of entertainment service at the entertainment shop, with the exception of KRW 39,000,000 in cash.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) provided the victim with alcoholic beverages and fruits equivalent to KRW 70,000,000; and (c) obtained economic benefits equivalent to the same amount after being provided with entertainment reception service from the victim.

2. When the victim demanded calculation of the drinking value at the time and place indicated in the above 1.1. When the victim demanded the defendant at the time and place, the defendant interfered with the victim's operation of entertainment drinking places by force, such as: (a) the victim " must have no money; (b) the victim will die; (c) the police will be able to kill the victim; and (d) the victim's disturbance, such as provokinging the victim within about 20 minutes, making it impossible for the victim to respond to other customers.

"2016 Highest 1539"

1. On November 10, 2016, the Defendant: (a) 19:55 on November 10, 2016, the Defendant, while drunkd in a cafeteria “H” restaurant operated by Gangseo-si F Victim G (58 Doh) and boomed the victim’s face at one time on the left side.

Accordingly, the defendant is the victim.

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