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(영문) 대구지방법원 포항지원 2019.08.08 2019고단721

상습사기

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

[Criminal Justice] On January 19, 2019, the Defendant was sentenced to seven months of imprisonment for a crime of fraud in the Daegu District Court’s Branch Branch of Port Division, and on May 8, 2019, 48 criminal records committed by the Defendant, including the termination of the enforcement of the sentence in the Daegu Prison.

【Criminal Facts】

At around 00:00 on May 22, 2019, the Defendant: (a) entered the “Dju” operated by the victim C in North-gu, Northern-gu, North Korea; (b) took the place as if the Defendant would normally pay the price; and (c) ordered the alcohol and the alcohol.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol and know-how by the victim because he was not holding a credit card or cash.

Nevertheless, as above, the Defendant: (a) by deceiving the victim as above; (b) received from the victim the five beer with a total of KRW 50,000 in the market value of KRW 50,000; (c) one beer with drinking water; and (d) one beer with drinking water from the above date to June 2, 2019; and (c) received a total of three times from the victims by the same method as indicated in the list of crimes in the attached Table.

Accordingly, the defendant was provided property by deceiving victims habitually.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A written statement;

1. Each receipt and each photograph;

1. Previous convictions: Criminal records, investigation reports (verification of criminal records of the same kind of suspect and facts of repeated crimes), each judgment and current status of confinement of individuals;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing the behavior of fraud in light of the fact that criminal records, manual, and the same kind of crime have been repeated;

1. Relevant Articles of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One to thirty years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] for fraud crimes: General Fraud [the type 1] below KRW 100 million (the special person] aggravated factors: habitual offenders.