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(영문) 창원지방법원 통영지원 2013.08.13 2013고단555
사기
Text

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

Reasons

Punishment of the crime

On May 16, 2013, the Defendant was sentenced to a suspended sentence of two years and a fine of 1.5 million won for fraud, etc. in the territory of the Changwon District Court. The above judgment became final and conclusive on July 26, 2013.

1. Around 01:00 on July 4, 2013, the Defendant: (a) committed an act as if the victim would normally pay the alcohol value to the victim from the E main point in the management of the victim D in macro-si C; and (b) ordered both owners and female employees’ services.

However, in fact, the defendant was detained as a crime ofless fraud, and there was no particular property or monthly income immediately after the release, so there was no intention or ability to pay the price even if he was provided with alcohol, etc.

Nevertheless, the Defendant, by deceiving the victim as above, received 20,000 won a total of 300,000 won from the victim and received 17,000 Won Won, and did not pay 90,000 won for the service cost of female employees, thereby acquiring property benefits equivalent to 90,000 won.

2. On July 6, 2013, the Defendant: (a) around 04:20 on July 6, 2013, at Gju stores operated by the Victim F, who had no intent or ability to pay the price, as described in paragraph 1, from the Gju stores operated by the Defendant, and, as such, belonged to the victim, he would normally pay the price, as described in paragraph 1; (b) thereby, the Defendant was issued three diseases in the aggregate amounting to KRW 5.17,000,000 from the victim; and (c) thereby, acquired the pecuniary benefits equivalent to KRW 90,00

3. At around 03:00 on July 10, 2013, the Defendant: (a) as at the first week operated by the Victim H in C at macro-si (hereinafter “C”), as if the Defendant would normally pay the said amount even if he did not have the intent or ability to pay it; and (b) as at that time, the Defendant belonged to the victim and received two diseases equivalent to the total market value of KRW 400,000 from the victim; (c) on the part of the female employee’s service cost, the Defendant did not pay KRW 60,000 and KRW 20,000 of

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D, F, and H 1.

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