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Reasons
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(영문) 대전지방법원 2020.04.24 2019고단4543
사기
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The defendant shall be punished by imprisonment with prison labor for 6 months, and a fine of 3 million won for the second crime in the holding.

Reasons

Punishment of the crime

On October 31, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for special injury, etc. at the Daejeon District Court, and the said judgment became final and conclusive on November 8, 2019.

1. The Defendant, around September 2018, ordered alcohol and alcohol to the victim D, who is the owner of the business, as if he would pay the normal drinking value at around September 2018.

However, due to the absence of money at the time, the defendant did not have the intent or ability to pay the price properly even if he/she received an order of alcohol and alcohol.

As above, the Defendant, as well as the Defendant, by deceiving the said victim, received a total of KRW 150,000 from September 2018 to January 22, 2019, an amount equivalent to KRW 710,000, in total, from around five times, as shown in the list of crimes, as well as from September 2018 to January 22, 2019.

2. At around 06:30 on February 26, 2020, the Defendant ordered a beer of 10 to 10 to Madju, while making a false happiness as if he would normally pay the drinking value.

However, the defendant did not have cash at the time, and the balance in the passbook was about KRW 1,00,00, and there was no other occupation, so there was no intention or ability to pay the price even if he was provided with alcohol and speech from the above victim.

Nevertheless, the Defendant, as seen above, by deceiving the above victim, was provided with 10,000 Won of the market value of 10,000,000 to the above victim, and the Defendant did not pay the above amount, thereby acquiring property benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Each statement of H, D, I, J, and F Preparation;

1. All on-site photographs;

1. Investigation reports (verification of the facts that are ex post facto concurrent crimes), criminal records, replys to criminal records, and criminal records of the same kind as the suspect's report; and

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