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(영문) 창원지방법원 진주지원 2013.09.30 2013고단448
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013dan448] On March 23, 2013, the Defendant was provided with alcohol and service equivalent to KRW 180,000,00 by the victim C, who had no intent or ability to pay the price even if the Defendant was provided with alcoholic beverages. As such, the Defendant was provided with alcoholic beverage and service in the amount of KRW 180,00 in total from the victim by ordering 15 bottles, etc. as if he were to pay the price.

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

[2011] On June 24, 2013, the Defendant: (a) around 02:00, at the “G” entertainment tavern operated by the victim FF in Jinju-si; and (b) even if there was no cash or credit card available for settlement, there was no intent or ability to pay the price; (c) as if the Defendant would pay the price; and (d) ordered alcohol and alcohol, etc.; and (e) the Defendant acquired property and property profits equivalent to KRW 740,000 in total by being provided by the victim with three weeks of both weeks and one entertainment receptionist and one entertainment receptionist.

[2013Kadan855] At around 01:0 on May 8, 2013, the Defendant: (a) around 01:0, 201, 2013, at the studio 2, the JJ located in Sung-dong, Sung-gun, Sung-gun, Sung-gun, and (b) even though there was no cash or credit card available for settlement; (c) the Defendant did not intend or have the ability to pay the amount because there was no cash or credit card available for settlement; and (d) ordered alcohol and alcohol, etc.; and (e) the Defendant received goods and pecuniary gains equivalent to KRW 180,00 in total from the victim with only one week, and one of entertainment visitors.

Summary of Evidence

[2013 Highest 448]

1. Statement of the accused in the third protocol of trial;

1. Statement to C by the police;

1. Receipts (2013 Highest 711);

1. Defendant's legal statement;

1. The police statement concerning F;

1. An invoice (2013 highest855);

1. Defendant's legal statement;

1. A written statement of I;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (the fraud point and the choice of imprisonment with prison labor);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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