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(영문) 제주지방법원 2013.11.27 2013고단1393
사기
Text

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

Reasons

Punishment of the crime

On August 9, 2012, the Defendant was sentenced to a suspended sentence of two years and a fine of two million won for fraud at the Jeju District Court on June 2012. On August 17, 2012, the said judgment became final and conclusive on August 17, 2012. On May 20, 2013, the said suspended sentence was revoked, and the execution of the said sentence was terminated in the Jeju Prison on September 24, 2013.

1. At around 19:30 on October 11, 2013, the Defendant: (a) received from the victim D, the victim D in Jeju-si; (b) the fact, despite the victim’s intention or ability to pay the amount of the said amount, by deceiving the victim as if he would normally pay the amount of the said amount despite the victim’s no intent or ability to pay the amount of the said amount, and then acquired from the victim, one of the three diseases, three diseases, three (c), and one (c) the share of the total market value of which is equivalent to KRW 442,00,00.

2. 피고인은 2013. 10. 12. 17:00경 제주시 F에 있는 피해자 G가 운영하는 H 식당에서, 사실은 피해자에게 술과 안주를 주문하여 취식하더라도 그 대금을 지급할 의사나 능력이 없음에도 불구하고 마치 정상적으로 술값을 지불할 것처럼 피해자를 기망하여 이에 속은 피해자로부터 그 자리에서 합계 60,000원 상당의 맥주 6병, 막걸리 2병, 소주 2병, 닭똥집 볶음 2개를 제공받아 이를 편취하였다.

3. The Defendant, at around 00:00 on October 14, 2013, received from the victim J as the victim J in Jeju, one disease, one math week, six drinking water, and six drinking water from the victim, as if the victim did not have the intent or ability to pay the price to pay the price to the victim even if he/she took an order for drinking and drinking, and as if he/she would normally pay the price to the victim, he/she deceivings the victim to pay the price to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of J, G and D;

1. Previous convictions: Criminal history records, etc. and criminal investigation reports, and cancellation of the suspension of the execution of the suspect;

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