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(영문) 수원지방법원 안산지원 2012.12.14 2012고단1979

사기

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 4,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 5, 2010, the Defendant was sentenced to four months of imprisonment for fraud in the Suwon District Court's Ansan Branch on November 5, 201, and completed the execution of the sentence in the Net Prison on May 8, 201.

On September 10, 2012, around 01:26, the Defendant had no intention or ability to pay the drinking value in the “Dju” operated by the “Dju” victim C of the 2nd floor in Ansan-si, the Defendant received from the victim the amount equivalent to 9:70,000 won of the drinking and Ansan-si market price, and acquired the pecuniary benefits equivalent to the said amount.

The defendant of "2012 High 2081" did not have the ability to pay the price even if he/she does drinking at the main point due to the lack of certain income or property owned by him/her.

Nevertheless, around 02:30 on November 2, 201, around 02:0, there was a provision of alcohol and alcohol equivalent to KRW 300,000,00,000 from employees G (the age of 28, south) of the above main point as if he entered the "Fju" located in Ansan-si, Ansan-si, Ma and would normally pay the price.

Around 22:00 on January 6, 2012, the Defendant: (a) had no intent or ability to pay the alcohol value, etc.; (b) as the Defendant, around 22:00, obtained pecuniary benefits equivalent to the amount of KRW 510,00,00, by deceiving the victim, as he/she was to calculate the amount in the room No. 2 in Ansan-si operated by the Victim He/she (the age of 46, leisure).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. C’s statement;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (verification reports on the expiration of the period of punishment A)-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The punishment of imprisonment with labor for the crime committed on September 10, 2012, and each of the fines for the crime committed on November 2, 201 and January 6, 2012, respectively;

1. Article 35 of the Criminal Act: Aggravation of repeated crime (as to the crime committed on September 10, 2012), Article 35 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;