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(영문) 부산지방법원 동부지원 2018.08.08 2018고단531
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal records] On February 16, 2017, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court, and on October 22, 2017, the execution of the sentence was terminated at the Busan Correctional Institution.

around 02:00 on January 30, 2018, the Defendant ordered alcoholic beverages, etc. from the “E main store” operated by the victim D located in the Busan metropolitan area C, Busan metropolitan area as if he would pay the alcohol value to the victim.

However, in fact, there was no cash that the defendant would pay the drinking value at the time, and the check card held by the defendant was in the absence of any cruel level, so there was no intention or ability to pay the price even if the defendant was provided with alcoholic beverages, etc. from the injured party.

The Defendant: (a) deceiving the victim as above; (b) provided the victim with alcohol and services equivalent to the sum of KRW 300,000,000 from the seat; (c) did not pay the said amount; and (d) did not acquire the pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the receipt statute

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. To choose imprisonment with prison labor in light of the criminal records of the defendant's reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.

All the conditions of sentencing, such as character and conduct, environment, means and results of crimes (amount of damage) and circumstances after the crime, shall be considered, and the punishment shall be determined as ordered.

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