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(영문) 서울서부지방법원 2015.12.24 2015고단2728

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On June 4, 2015, the Defendant was sentenced to three months of imprisonment for fraud at the Seoul Central District Court, and completed the enforcement of the sentence at the Seoul Detention Center on June 28, 2015.

【Criminal Facts】

On November 23, 2015, the Defendant: (a) around 23:00, the “E” for the victim’s entertainment drinking club operated in Mapo-gu Seoul Metropolitan Government (hereinafter “E”) was engaged in as if the Defendant would pay the price without any intent or ability to pay the price, even if he/she orders drinking and drinking; and (b) ordered both liquor 1 disease, beer, beer, and beer, and the Defendant was provided with drinking and drinking on the job by the victim.

Accordingly, the defendant was given property worth KRW 300,000 by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Summary receipt;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the expiry date of punishment and confirmation of repeated crimes);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] ordinary frauds (less than KRW 100 million) and the aggravated area (one to two years and six months) of category 1 (less than KRW 100 million) [the person under special circumstances] of the same repeated crime [the decision of sentencing] has several times the defendant has the same record as the defendant several times, and the defendant has repeated the same crime within a short time after being released due to the first criminal record of the head of the judgment

In this context, the Defendant appears to have repeatedly committed the same offense due to alcohol dependence, and the Defendant’s act of treating and preventing recidivism after being released from the prison is against his wrongness, and the circumstances constituting the conditions for the sentencing of the instant case, including the Defendant’s age, character, conduct and environment, etc., shall be determined as per the disposition.