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(영문) 서울남부지방법원 2015.4.23.선고 2014고단4224 판결
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Cases

2014 Highest 4224, 2014 Highest 4666 (Joints), 2014 Highest 4876 (Joints), 2015 Highest 196 (Joints), 2015 Highest 196 (Joints), 2015 Highest 778 (Joints)

Defendant

00

Prosecutor

Lee Chang-hee, Kim Chang-hee, Park Jong-hee (prosecutions) and grandchildren (Trial)

Defense Counsel

Attorney Park Dong-dae (Presiding Justice)

Imposition of Judgment

April 23, 2015

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal Facts

"2014 Highest 4224

On October 5, 2014: (a) around 00: Around 00, the Defendant issued an order of alcohol and alcohol as if the Defendant would normally pay the price to the victim, even if the Defendant did not have any money, even if he did not have any intent or ability to pay the price, even if he did not receive any alcohol or alcohol.

The Defendant, as above, by deceiving the victim, was provided with alcohol and alcohol equivalent to the total market value of KRW 488,00 in total by the victim.

"2014 Highest 4666"

On November 3, 2014: around 04:0, the Defendant issued an order for alcohol and alcohol as if the victim would pay the alcohol value to the victim from the victim's tea ○○○ operated in Bupyeong-gu, Incheon, Bupyeong-gu.

However, the defendant did not have money, and even if he was provided with alcohol and alcohol from the victim, there was no intention or ability to pay the alcohol value normally.

The Defendant, as such, by deceiving the victim, provided the victim with an alcoholic beverage and an alcoholic beverage equivalent to KRW 745,00 in total of 745,00,000 in the face of the 12-year liversic 12-year lives, 15-year 15-year lives, lives, and 14-year lives.

"2014 Highest 4876"

On September 20, 2014: around 30: around 30, the Defendant ordered that the Defendant would pay the price as if he would pay it.

However, the Defendant did not have money so that he did not have any intent or ability to pay the price even if he received an order of payment. The Defendant was issued from the victim, namely, at the victim’s seat, 11 illness, bladesbergggs, 5 illness, U.S. L. 1 disease.

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

" 2015 Highest 196"

On October 22, 2014: around 00, the Defendant ordered the beer and beer as if he would normally pay the price to the victim, even if he did not have any intent or ability to pay the price, even if he did not have any money, as the Defendant did not have any money.

The Defendant, as above, by deceiving the victim, was provided with alcohol and alcohol equivalent to the total market value of KRW 306,000 from the victim.

The defendant did not have any ability or intent to pay the price even if he received food or services at a place of business operated by the victims, such as restaurant, because he/she did not have any specified income and did not have any money.

1. On July 20, 2014: (a) around 00, the Defendant ordered a 4-year beer, as if the Defendant were to pay the victim’s maximum ○○○○○ Food in the Kimpo-si operated by Kimpo-si.

The Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to KRW 40,000 from the victim.

2. On August 20, 2014: around 30: (a) around 30, the Defendant ordered beer and beer and beer, as if the Defendant were to pay the price in F food of the victim Kimpo-dong in Kimpo-si.

As above, the Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to KRW 350,000 from the victim.

3. On August 22, 2014: (a) around 10, the Defendant ordered the two-way three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three of the two-three-three of the two-party Kim

As above, the Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to KRW 580,000 from the victim.

4. On August 25, 2014, the Defendant ordered two weeks, beer 16 illness, and beer, etc., as if the Defendant were to pay the amount under the “H” of the Victim’s ○○ operation in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

As above, the Defendant, by deceiving the victim, was provided with the victim with the alcohol of KRW 456,00,00.

5. On September 8, 2014: around 27, 2014: Around 27, the Defendant: (a) entered the victim’s door-to-door in Bupyeong-si, Seocheon-si and acted as if he would pay the payment; (b) was provided with sports marinas equivalent to KRW 50,00 on the same day from the above soup and soup; (c) was provided with food and drinks equivalent to KRW 26,50,00 at a store operated by the victim’s home-to-house; (d) was provided with food and drinks equivalent to KRW 51,00 at a restaurant operated by the victim’s home-to-house; and (e) was provided with food and drinks equivalent to KRW 13,00,000 at the PC operated by the victim’s home-to-si; and (e) was provided with convenience of KRW 8,000,000 from the victim’s home-to-face ON to the victim’s home-to-face.

As above, the Defendant deceiving five victims, and was provided goods and services equivalent to the sum of KRW 161,00 from the above victims.

6. On September 10, 2014: (a) around 08:0, the Defendant made a false statement that he would pay back the fare and taxi expenses so far if he was a house that was living in the Republic of Korea from the above J J Ma to the victim ○○, who is an employee, Kimpo.

The Defendant, by deceiving the victim as above, moved the victim from the victim to the 21st-way to the 21st-lane in the Kimpo-si along with the Defendant, and fled, and let the victim pay 70,000 won to the 70,000 won of the taxi, thereby taking property benefits equivalent to the same amount.

7. On September 14, 2014: around 30: Around 30, the Defendant ordered the victim’s △△△△△△△△ Group 2 Bo Spatiale Co., Ltd. as if he were to pay the price at the K cafeteria operated by the △△△△△△.

The Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to 38,000 won by the victim.

8. On September 24, 2014, around 40: Around 40, the Defendant ordered two weeks, beer, beer, beer, and beer, etc., as the Defendant would pay the amount in the Lba of the victim’s ○○ operated by the New Prisoners of War, Jung-gu, Incheon.

As above, the Defendant, by deceiving the victim as above, was provided with alcoholic beverages of KRW 742,00 and alcoholic beverages of KRW 742,00.

9. On September 26, 2014: (a) around 45, the Defendant ordered two weeks, one beer and beer of each week, and a bet bet and bet the head of each family, as the Defendant would have paid the price in M& of the operation of the △△△△△△, which was in the sealed city of Kim Jongpo,

The Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to KRW 594,00 from the victim.

10. On October 29, 2014, around 40: (a) around 40, the Defendant ordered two weeks, two weeks, and two weeks, as if the Defendant were to pay the amount from the N of the Defendant’s operation of the Mapo-si of Kimpo-si.

As above, the Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to KRW 510,000 from the victim.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347 (1) of the Criminal Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 (Reasons for Sentencing) of the Criminal Act

[Extent of Recommendation] General Fraud Type 1 (less than KRW 100 million)

[Special Person] When committing a crime against an unspecified or large number of unspecified victims or repeatedly over a considerable period of time

【Determination of Sentence】

It is inevitable that the defendant has already been sentenced to punishment, suspension of execution or fine on several occasions due to the crime of the same type of fraud, and the crime of this case has been committed continuously, repeatedly and repeatedly, and there is no return or agreement until now, strict punishment is inevitable in that the defendant has already been committed. Other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct and environment, shall be determined within the scope of

It is so decided as per Disposition for the above reasons.

Judges

Judge Choi-ho

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