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(영문) 인천지방법원 2013.09.30 2012고단8296
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【Criminal Power】 On September 10, 2008, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Suwon District Court, and completed the execution of the sentence in the Gwangju Prison on July 5, 2009. On November 5, 2010, the Jeonju District Court sentenced ten months of imprisonment for larceny and completed the execution of the sentence in the military prison on July 8, 201.

【Criminal Facts】 2012 Highest 8296】

1. The Defendant, on May 3, 2012, at around 05:55, did not have an intent or ability to pay the price even if he/she was provided with alcoholic beverages and alcoholic beverages, and received it from a customer, such as a helper, etc., within the “E” point of the victim D operation in Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

Nevertheless, the Defendant, by deceiving the victim as if he would pay the drinking value, was provided with food and services equivalent to KRW 35,000,000, which amount to KRW 20,000, KRW 90,000, KRW 60,000, and KRW 125,00, and KRW 125,000, respectively.

Accordingly, the Defendant, by deceiving the victim, acquired the amount equivalent to KRW 170,000 from the victim, and took property benefits equivalent to KRW 185,00,00, such as the singing room use.

2. Around 20:00 on December 1, 201, the Defendant embezzled that he/she would have on his/her own idea, instead of taking necessary procedures, such as discovering one copy of the card owned by the victim H, and returning it to the victim, on the street around the center of the trade name “G” located in Dongdaemun-gu Seoul Metropolitan Government.

3. Violation of the Specialized Credit Financial Business Act and fraud;

A. On December 1, 201, at around 20:00 on December 1, 201, the Defendant had no intent or ability to pay the price, even if he was provided with food.

Nevertheless, the defendant ordered the amount of 50,000 won of alcoholic beverages, and presented it to an employee in the name of the defendant as if he were the normal holder of the credit card acquired as stated in the above paragraph 2, and deceiving him to do so, and 50.

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