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(영문) 서울동부지방법원 2017.07.14 2017고단1288

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 20, 2014, the Defendant was sentenced to three years of imprisonment with prison labor at the Seoul Central District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at the Child Training Correctional Institution on December 16, 2016.

Criminal facts

around 03:00 on April 25, 2017, the Defendant ordered alcohol and alcohol at the “E” entertainment station operated by the victim D located in Seongdong-gu Seoul Metropolitan Government, and demanded one amusement receptionist, and made a false statement as if the Defendant would pay the price with the card.

However, the defendant did not have the intention or ability to pay the price.

Nevertheless, the defendant deceiving the victim as above, and was provided with 20,000 won in total from the victim, i.e., 40,000 to the beer of the 400,000 won, to the beer, to the beer, and entertainment service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement (including a written statement) of D;

1. Previous convictions: Inquiry about criminal history, reporting of the previous convictions and reporting of the results thereof, and applying Acts and subordinate statutes to individual confinement status;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Determination of punishment as ordered in light of the overall sentencing conditions, including the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes, and the fact that the crime is committed during the period of repeated crimes, the scale of damage, and other factors, such as the defendant's age, sexual conduct, environment, etc.