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(영문) 부산지방법원 2015.01.08 2014고단6366
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 11, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for habitual fraud at the Ulsan District Court, and completed the execution of the sentence at the port prison on January 31, 2014.

[2014 Highest 6366] The Defendant, from around 03:00 on July 14, 2014 to around 06:30 on the same day, committed the act as if the Defendant would normally pay the drinking value, etc. to the victim while the Defendant did not have any intent or ability to pay the drinking value, etc., and acquired it by deception by obtaining a good share of the total market value of KRW 420,00,000 from the victim, namely, by obtaining a good share of the market value from the victim.

[2014 Highest 9551] On November 14, 2014, the Defendant: (a) around 04:30, 2014, at the “H” point for the operation of the Victim G in F in Busan, the Defendant: (b) had no intent or ability to pay the price even if the Defendant did not possess cash or means of settlement, such as credit card; (c) had been committed as if the Defendant would normally pay the price, etc. to the victim; and (d) obtained the beer, etc. from the victim, namely, a sum of the market price of KRW 400,000,000,

[2014 Highest 9581] On July 16, 2014, the Defendant issued an order to pay the amount normally despite the victim’s intention or ability to pay the amount despite having been unable to do so by placing an order, such as alcohol and alcohol, from the victim. The Defendant was provided by the victim with alcohol and alcohol equivalent to KRW 420,00,00,00, in total, market price of both liquor and beer.

Summary of Evidence

1. Statement by the defendant in court;

1. Prosecutions and police interrogation protocol of the accused;

1. Each police statement made to D, G and J;

1. A complaint;

1. Receipts and invoices;

1. Copy of a business license;

1. Photographs (on-site, etc.);

1. A report on investigation (investigative circumstances, etc.);

1. Previouss before ruling: Criminal records, investigation reports, previous records, results of confirmation, and individuals; and

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