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(영문) 광주지방법원 목포지원 2018.11.26 2018고단945
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced on September 21, 2017 to imprisonment with prison labor for fraud, etc. at the vice branch of the Daegu District Court on September 21, 2017 and completed the execution of the sentence on September 8, 2018.

[2] Around October 10, 2018, the Defendant, “2018 Highest 945,” obtained economic benefits equivalent to the same amount due to the failure to pay the amount, even if he/she received alcohol or alcohol from the injured party, as if he/she had no intent or ability to pay the amount, even if he/she received alcohol or alcohol from the injured party, by inducing the injured party to pay the amount to the injured party, and by providing 20,000 won in total from the injured party, and 330,000 won in total from the injured party, even if he/she received the payment from the injured party, he/she did not pay the amount.

"2018 Highest 1009"

1. On September 12, 2018, the Defendant: (a) executed as if he did not have the intent or ability to pay the price, even if he/she orders alcohol and alcohol at H main points operated by the victim G located in the Dong-gu Seoul Metropolitan City, Daegu; and (b) was provided with the sum of KRW 130,000,000, including beer and beer, from the victim’s seat.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 28, 2018, the Defendant: (a) placed an order from the victim J in the Dong-gu Seoul Metropolitan City, Daegu Metropolitan City I to pay the amount of alcoholic beverage and alcohol at the K station operated by the victim J in the Dong-gu, Daegu Metropolitan City; (b) placed the same as if the Defendant did not have an intent or ability to pay the amount; and (c) was provided as if the Defendant were to pay the said amount, from the victim, the sum of KRW 10

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each victim;

1. Each receipt and a statement of alcohol value;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report internal investigation (verification of the period of repeated offense of the suspect);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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