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(영문) 서울중앙지방법원 2020.09.03 2020고단2388
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On August 27, 2018, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence on January 5, 2019 by the Seosung vocational training prison. On April 25, 2019, the Defendant was sentenced to six months of imprisonment for the same crime in the Suwon District Court, and completed the execution of the sentence at the Suwon District Court on July 24, 2019. On September 26, 2019, the Defendant was sentenced to six months of imprisonment for the same crime in the Suwon District Court’s Eunpyeong Housing Site and completed the execution of the sentence at the Suwon District Court on February 10, 202.

around 04:30 on March 20, 2020, the Defendant expressed the attitude that he would normally pay to the victim D at the “C” entertainment tavern located in Jung-gu Seoul, Jung-gu, Seoul, about March 20, 202.

However, at the time of fact, the defendant did not have cash and credit cards that can calculate the drinking value in the number, so even if he was provided with alcohol, alcohol, etc. by the victim, he did not have the intent or ability to pay the price normally.

The Defendant, by deceiving the victim, was provided with alcohol equivalent to KRW 2,200,000,000 in the market value from the victim, that is, the Defendant acquired pecuniary benefits equivalent to the amount of the said value after being provided with an entertainment entertainment service from the victim.

Around 03:00 on April 23, 2020, the Defendant: (a) committed so as to normally pay the value of food in G administered by the victim F of the first floor of the building in Daejeon Jung-gu, Daejeon; (b) ordered the victim to drink and bean, and (c) received an order from the victim for alcohol and bean, the sum of the market value of which is equivalent to KRW 12,000 in total; and (b) received the provision from the victim for alcohol and bean, the sum of which is equivalent to the market value.

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

Summary of Evidence

【2020 Highest 2388 of the Defendant’s protocol of interrogation of the Defendant’s oral statement

1. The defendant's protocol of statement of the police about D is 1.1.0 of the police's protocol of interrogation of the defendant's interrogation of the defendant's testimony of 2020 order559.

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