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(영문) 광주지방법원 순천지원 2017.01.19 2016고단2539

상습사기

Text

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

Reasons

Punishment of the crime

On December 21, 2014, the Defendant was sentenced to a suspended sentence of one-year imprisonment for fraud in the Gwangju District Court’s Netcheon Branch, and on April 10, 2015, the suspended sentence was invalidated upon being sentenced to five months for the same crime by the same court. On December 8, 2015, the Defendant was sentenced to five months of imprisonment for the same crime at the Gwangju District Court, and completed the execution of the sentence at the Gwangju District Court on October 20, 2016.

At around 05:00 on November 21, 2016, the Defendant habitually issued an order to the victim, i.e., alcohol, alcohol, etc., as if the victim D had no specific income from the “E main store” operated by the victim D, who was habitually in net 05:00, and the Defendant did not have any special property, and even if he received alcohol, etc. from the victim, he did not have the intent or ability to pay the price, even if he did not have any cash or credit card,

As above, the Defendant: (a) by deceiving the victim; (b) received from the victim, a sum of KRW 300,000,000,000 from the victim’s seat; and (c) was provided with the service market price equivalent to KRW 90,00,00,000; and (d) was exempted from payment equivalent to KRW 150,000,000,000,000.

In this regard, the defendant was habitually accused of the victim and received property and acquired property benefits from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An invoice of the drinking value;

1. On-site photographs;

1. Previous convictions as stated in the judgment: Inquiry about criminal history, investigation reports (Attachment of results of the search of prisoners), results of the search of prisoners, investigation reports (report attached to the same type of crime, including the judgment attached thereto), investigation reports (verification of the facts of criminal suspects, repeated crimes, and the revocation of suspended sentence), and current

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the same crime, including the records of each crime in the judgment, and the details and methods of the crime;

1. Relevant Article 351 of the Criminal Act; Articles 351 and 347 (1) of the Criminal Act; the choice of imprisonment for a crime;

1. Aggravation of repeated crimes;