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(영문) 대전지방법원 2018.08.30 2018고단1052
사기등
Text

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

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

Reasons

Punishment of the crime

1. On March 27, 2017, around 23:50 on March 27, 2017, the Defendant entered the victim C (the 48-year old-old)’s operation, and committed as if the Defendant would normally pay the price, and ordered the victim to be placed with an order to be placed at 12 concurrently.

However, in fact, the Defendant did not have money for the payment of the price for the use of speech, musical instruments, and musical instruments as above and did not have any particular income at the time. Therefore, even if the Defendant was provided by the injured party with the service of drinking, food, and musical instruments, he did not have the intent or ability to pay the price.

The Defendant acquired property benefits equivalent to the same amount because the Defendant did not pay the price despite having been provided with alcoholic beverages and food, and singing services equivalent to the total market value of KRW 290,000 from the damaged party on its job.

2. On the following day, the Defendant: (a) while drinking alcohol at the victim’s singing room, demanded the victim to pay the price; (b) placed his/her alcohol and the owner’s mobile phone with his/her photograph; and (c) received money from the victim as if he/she reported his/her illegal singing business; and (d) received money from the victim.

At around 19:30 on March 28, 2017, the Defendant: (a) found on the “D Singing room” and displayed the victim’s mobile phone image and displayed the victim’s mobile phone, and (b) took part in the process of lending KRW 200,000 in cash; (c) it is difficult for the Defendant to take part in the middle calculation of the fishing system; (d) if there is any difference in money, the Defendant reported it to the police; (c) if there is any difference in money by again using a sign on which the control receipt is written; and (d) the Defendant withdrawn money from the victim; (d) however, the Defendant failed to take part in the wind to request the victim to contact with the other party and help him/her.

Summary of Evidence

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