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(영문) 광주지방법원 2019.06.13 2019고단798

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On May 24, 2017, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Changwon District Court’s territorial branch on July 13, 2018, and completed the execution of the sentence at the Common Detention House.

【Criminal Facts】

1. On March 1, 2019, around 20:30, the Defendant showed the attitude of 'D' operated by the victim C in the Gwangju Mine-gu, Gwangju, that the Defendant would normally pay the price, and ordered alcohol and alcohol.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. by the victim.

The Defendant, who received an order from the victim to receive a total of KRW 80,000,00 including beer and beer, and a total of KRW 80,00,00, and did not pay the price.

2. On March 7, 2019, around 01:30, the Defendant showed the attitude that the Defendant would normally pay the victims F in the Gwangju Mine-gu’s “Gsing room” operated by the Victim F, and ordered the payment of the price.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. by the victim.

The Defendant ordered a total of KRW 110,00 won, such as beer 4 disease, beer, singing-sing-sing-sing-sing-sing-sing-inging service, and singing-sing service, and did not pay the price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Each receipt; and

1. Application of Acts and subordinate statutes to criminal records, inquiry reports by individuals, current status of confinement by individuals, investigation reports (report attached to repeated crimes and criminal records of the same kind);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent offenders, it is recognized that the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are erroneous.