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(영문) 춘천지방법원 2019.03.27 2019고단81
사기
Text

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

Punishment of the crime

[Criminal Justice] On September 14, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Chuncheon District Court on September 14, 2017 and completed the execution of the sentence on November 9, 2018.

【Criminal Facts】

1. On January 14, 2019, the Defendant against the victim B: (a) on the ground that there was no means to pay the alcohol value, such as cash or credit card, and thus, (b) the Defendant was provided by the victim B, who operated the said main points, with alcohol and alcohol, etc., even though he/she did not have an intent or ability to pay the said value; (c) as if he/she could normally pay the said value in a normal manner, the Defendant ordered the victim to provide alcohol and alcohol equivalent to KRW 185,00,000, which was received from the victim, and did not pay the said value even if he/she did not pay the said value.

Accordingly, the Defendant, as seen above, took property benefits equivalent to KRW 185,000 by deceiving the victim.

2. On January 15, 2019, the Defendant against the victim E issued an order of approximately 300,000,000 won and the Defendant received it from the victim E and did not pay the price even if he received alcohol, alcohol, and alcohol from the victim E, because of the lack of means to pay the alcohol value, such as cash or credit card, from the victim E, even though he/she had no intent or ability to pay the price.

Accordingly, the Defendant, as above, induced the victim to take property benefits equivalent to KRW 300,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and E;

1. 112 reported case handling table;

1. Photographs of a simplified receipt, and a simple receipt;

1. Previous records: Application of inquiries, such as criminal records, replys to inquiries and the Acts and subordinate statutes on personal expropriation;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment.

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