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(영문) 대구지방법원 안동지원 2014.08.29 2014고단601
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Justice] On November 29, 2012, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Daegu District Court’s Ansan Branch on November 29, 2012, and completed the execution of the sentence on October 17, 2013.

[2014 Highest 601] D's summary in Ansan-si C around February 20, 2014

In the room, the employer ordered the victim E, who is the owner, to be beer, and made a false representation as if he would pay the price.

However, the defendant had no intention or ability to pay the price even if he received alcoholic beverages, etc. due to lack of certain property and occupation at the time.

The Defendant received from the victim a total of KRW 300,00,00,000,00,000 from the above date and time to April 15, 2014, as shown in the list of crimes, and received from five victims a total of KRW 3,90,00,00,000, including liquor, etc. from the victim.

Accordingly, the defendant acquired property or property benefits by deceiving victims.

[2014 Highest 645] On July 20, 2014, the Defendant ordered beer, etc. to the victim H in the G restaurant located in Daegu-gu, Daegu-gu, and made a false representation as if the Defendant would pay the price.

However, the defendant had no intention or ability to pay the price even if he received alcoholic beverages, etc. due to lack of certain property and occupation at the time.

The Defendant was provided with a total of 260,000 won, including alcoholic beverages, etc. from the victim.

Accordingly, the defendant acquired property or property benefits by deceiving the victim.

Summary of Evidence

[2014 Highest 601]

1. Defendant's legal statement;

1. Each police statement to I, J, K, and E;

1. A written statements on the preparation of L;

1. Each receipt for damage (2014 highest 645);

1. Defendant's legal statement;

1. The application of the Act and subordinate statutes to the police statement of H [the previous record] criminal history records, the number and confinement status of each individual, and the investigation report (the attachment report, including the suspect's criminal records, etc.);

1. The relevant Article of the Criminal Act and the selection of punishment for the crime shall be punished by imprisonment with prison labor under Article 347 (1) of the Criminal Act;

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