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(영문) 대구지방법원 2017.04.13 2016고단6622
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On June 19, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence at the Daegu Prison on December 25, 2015.

[Criminal facts] 2016 Highest 6622

1. On August 12, 2016, the Defendant: (a) around 21:00 to 23:00, at the main point of “E” operated by the victim D in Daegu Northern-gu, Daegu Northern-gu; (b) as if he did not have the intent or ability to pay the price despite having been provided with alcoholic beverages from the victim, he/she ordered the alcoholic beverage and the alcoholic beverage to pay the price; and (c) he/she was provided with the victim with the alcohol and the alcoholic beverage amounting to KRW 300,00,00 in total, including 20 C/L and 2 E/L, from the victim of the damage.

2. On October 12, 2016, around 20:30 to 23:20 on October 12, 2016, the Defendant provided the victim with the foregoing method at the same place with the sum of 440,000 won, including 15 C and 3 C and 440,000 won.

On September 5, 2016, the Defendant issued an order for alcohol and alcohol to the victim as if he/she had no intent or ability to pay the price even if he/she had been provided with alcohol and alcohol from the injured party, and received an order for alcohol and alcohol equivalent to KRW 130,00,00 from the injured party as if he/she had been paid the price.

On November 16, 2016, the Defendant issued orders to the victim K as if he/she did not have the intent or ability to pay the drinking value, and could pay the said value to the victim K, and as if he/she could have paid the said value, he/she received two combined shares of the total amount of KRW 510,000 (one seven years in aggregate), equivalent to the market value of KRW 510,000 from the victim (one seven years in aggregate).

Summary of Evidence

[2016 Highest 6622]

1. Statement by the defendant in court;

1. A protocol concerning examination of the police concerning L;

1. Statement made by the police with regard to D;

1. Each invoice (2017 high group 465);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Receipts (2017 Highest 990);

1. The defendant's person;

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