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(영문) 부산지방법원 2017.07.05 2016고단6568
사기
Text

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

Reasons

Punishment of the crime

On October 6, 2014, the Defendant was sentenced to one year of imprisonment for a crime of fraud at a flood control center, and the execution of the sentence was terminated at the flood control center on August 15, 2015.

On September 26, 2016, the Defendant, from around 19:30 to 21:20 on September 26, 2016, sent the same attitude to pay the drinking value to the victim D at a “E” singing room operated by the victim D located in Busan-gu, Busan-gu, and ordered the victim to provide alcohol and alcohol.

However, the defendant did not have an intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the injured party because there was no means of settlement such as cash, credit card, etc. to pay the drinking price at the time.

The Defendant, as such, by deceiving the victim, was provided with alcohol and alcohol equivalent to a total of 400,000 won in the market value from the victim’s seat.

Accordingly, the defendant acquired property by deceiving the victim.

On November 15, 2016, the Defendant was issued a total of 150,000 won of alcoholic beverages, etc. from the victim G who believed to be true as if he did not have the intention or ability to pay the note in the singing room located in Busan Sho-gu, Busan. In addition, the Defendant was issued a total of 1.50,000 won of alcoholic beverages, etc. from the victim G who believed to be true as if he did not have the intention or ability to pay the note.

On March 18, 2017, the Defendant, “2017 Highest 2720, the Defendant,” at the “I Entertainment shop” located in Busan High-gu, Busan High-level, Busan High-level, on March 18, 2017, received alcoholic beverages, etc. equivalent to KRW 140,00 won of the market price of both weeks and KRW 170,000,000,000 won of the market price of entertainment entertainment service providers, on the ground that the Defendant, despite the absence of the intent or ability to pay the drinking value, would make a normal payment in spite of the absence of the intention or ability to pay the drinking value.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by each of the defendants in court;

1. Each police statement made to D, G and J;

1. Each receipt; and

1. A previous conviction in judgment:

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