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(영문) 제주지방법원 2012.12.28 2012고단1400
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On November 8, 2012, the Defendant: (a) around 01:30 on the “E entertainment drinking club” operated by the victim D in Jeju Island; and (b) on the basis of the lack of money in fact, the Defendant did not have an intent or ability to pay the drinking value even if he/she takes an order for drinking. As such, the Defendant was ordered to pay the drinking value to the victim; (c) the Defendant was given an order for both alcohols and alcohols, etc.; and (d) the Defendant was provided with an amount equivalent to KRW 150,00,00

2. On November 8, 2012, the Defendant: (a) around 21:00, in the “H week” operated by the Victim G G in Jeju-si; (b) the Defendant did not have an intent or ability to pay the alcohol value even when he/she ordered the alcohol without having the money in possession; (c) did so as to pay the alcohol value to the victim; (d) ordered beer and beer, etc.; and (e) the Defendant received an order from the victim for beer and beer, etc., and received an amount equivalent to KRW 350,00,00 from the victim.

3. On November 12, 2012, the Defendant: (a) around 19:00, at the “K Amusement tavern” operated by the victim J on the 19:00, the victim J on the 2nd and the 2nd level; (b) the Defendant did not have an intent or ability to pay the drinking value even if he/she takes the drinking because of the lack of money in fact; and (c) did so to the victim as if he/she would pay the drinking value; and (d) received an order from the victim of the 4.50,000 won, such as the two weeks and the six weeks

4. On November 14, 2012, the Defendant: (a) around 02:40, in the “Nran tavern” operated by the Victim M in Jeju L; and (b) the Defendant did not have an intent or ability to pay the drinking value even if he did not have any money in fact, and (c) did not have an intent or ability to pay the drinking value; (b) ordered beer and beer, etc. as if he would pay the drinking value to the victim; and (c) the Defendant received an order of beer and beer, etc. from the victim and was provided with an amount equivalent to KRW

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and G;

1. Each written statement of M and D;

1. Application of receipts, receipts, and receipt Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense (the choice of imprisonment with prison labor), Article 347(1)

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