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(영문) 부산지방법원 2014.10.07 2014고단7083

상습사기

Text

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

Reasons

Punishment of the crime

On February 20, 2014, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court for fraud, and completed the execution of the sentence at the Busan District Court on May 21, 2014. On March 18, 2008, the Defendant was sentenced to imprisonment with prison labor at the Busan District Court for habitual fraud on November 27, 2008 and imprisonment with prison labor at the Changwon District Court on November 20, 2008 for August 20, 2009; imprisonment with prison labor at the Changwon District Court on September 28, 2010; imprisonment with prison labor at the Busan District Court on September 28, 2010; imprisonment with prison labor for six months at the Busan District Court on February 8, 2012; and imprisonment with prison labor at the Busan District Court on January 9, 2013; and imprisonment with prison labor for one year at the Busan District Court on January 16, 2013.

1. On August 9, 2014, around 21:00, the Defendant ordered and attempted to pay the amount in the “Esing” operated by the victim D, who is located in the city of Busan, the Defendant ordered the payment and attempted to do so.

However, there was no intention or ability to pay the price even if the victim is provided with alcohol and the entertainment service.

The Defendant, as such, by deceiving the victim, was provided with alcohol and entertainment services equivalent to KRW 250,00 in total from the victim’s position.

2. On August 14, 2014, the Defendant, at around 00:0, by deceiving the victim F of the Victim F, operated by the Victim F, in the manner as referred to in paragraph (1) from “Gingsings” operated by the Plaintiff F, Busan, and thereby, was provided with the victim with a total of KRW 220,00,000 and an entertainment service from the victim.

In this regard, the defendant had taken advantage of property and property benefits by deceiving victims twice habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Previous records of judgment: Criminal history records, investigation reports (verification of details of release of a suspect, consolidation of cases and change of the name of a crime), investigation reports ( repeatedly committed, previous crimes and confirmation), written judgments, and current status of confinement and confinement of each individual;

1. Habituality of the judgment: Each type of crime, method of frequency of crime, frequency of crime, and the same kind of crime, as indicated in the judgment, are organized and organized;