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(영문) 부산지방법원 2018.07.11 2018고단1592
사기
Text

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

Reasons

Punishment of the crime

On November 23, 2016, the Defendant was sentenced to imprisonment for a year and six months due to a crime of fraud, etc. in the Changwon District Court's Chang Branch branch on March 31, 2018, and completed the execution of the sentence in the Common Detention House on March 31, 2018.

On April 13, 2018, the Defendant issued an order for food, beverage, etc. as if the Defendant would normally pay the price in the “E” operated by the victim D in Busan Jin-gu C, Busan, and ordered food, beverage, etc.

However, the Defendant did not have any cash or credit card or other means of payment at all at the time and did not have the intent or ability to pay the amount even if he received food, alcohol, etc. from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) was provided with three so-called 50,000 won in a total of the market value of the victim; (c) 2 so-called suppressions; (d) 2 so-called suppers; and (e) 1 bottles of drinking water.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

On November 23, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. in the Changwon District Court's Chang Branch on March 31, 2018, and completed the execution of the sentence in the Common Detention House on March 31, 2018.

On April 13, 2018, the Defendant: (a) around 03:30, at the victim G’s singing point of the Plaintiff’s operation located in Busan J, Busan, and (b) even if the Defendant did not possess cash or credit cards or other means of payment, and did not have the intent or ability to pay the amount, despite that the Defendant did not have the intent or ability to pay the amount even if the Defendant received alcohol, alcohol, etc. from the injured party, the Defendant was ordered to sell to the injured party 15,00 Singjus, Singjus, Singjus, and tobacco, and requested and

Accordingly, the Defendant, by deceiving the victim as above, obtained pecuniary benefits equivalent to KRW 155,00 from the victim.

Summary of Evidence

[2018 Highest 1592]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (related to the situation at the time of dispatch to the scene);

1. A previous conviction in judgment:

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