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(영문) 서울중앙지방법원 2017.09.08 2017고정1504
사기
Text

Acquittal of the accused shall be acquitted.

Reasons

1. On August 17, 2016, the Defendant issued an order for alcohol and alcohol at the main point of “D” operated by the victim C(39 years of age) of the first underground floor in Gangnam-gu Seoul, Gangnam-gu, Seoul.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcoholic beverages and alcohol from the injured party.

Nevertheless, the Defendant, by deceiving the victim, received a total of KRW 300,000,00 from the injured party, such as Bluu 1 Byung, 14 Scuju, 14 Sing machine usage fees, etc., and acquired pecuniary benefits.

2. On April 19, 2016, the Defendant was sentenced to a suspended sentence of ten (10) months for habitual fraud at the Seoul Central District Court of Seoul, with two (2) years’ imprisonment, and the said judgment became final and conclusive on February 24, 2017; criminal facts of the said final judgment; and “F” at the “F” entertainment week located in Gangnam-gu Seoul Metropolitan Government on January 9, 2016, around 03:30, around 2016, the Defendant would pay for alcohol while drinking.

“Along with the false language, I ordered alcohol, alcohol, etc.

However, in fact, the defendant did not have a certain occupation and did not have money to pay the drinking value, and even if he was provided with drinking and drinking, etc. from the injured party, he did not have an intention or ability to pay the price.

Nevertheless, the defendant deceiving the victim as above and provided the victim with an alcoholic beverage and an alcoholic beverage equivalent to KRW 740,000 in total to the market value.

“The fact that it is true is a significant fact in this Court.

According to the above facts of recognition, it is reasonable to view that all of the facts charged of habitual fraud for which the above judgment became final and the facts charged of the fraud of this case committed prior to the pronouncement of the judgment were low by the realization of Defendant’s damage caused by the Defendant’s fraud, in light of the background of the crime, the other party to the crime, the means and method of the crime, the content, the period of the crime, etc.

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