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(영문) 서울북부지방법원 2017.12.07 2017고단4229

사기

Text

The punishment of defendants shall be six months.

Reasons

Punishment of the crime

On July 8, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence on September 6, 2016.

On September 30, 2017, around 22:30 on September 30, 2017, the Defendant ordered 2 sick, beer, and beer, etc. (total KRW 902,000) with no thoughts or ability to pay the drinking value at “E main store operated by D in the Dongdaemun-gu Seoul Metropolitan Government 2nd floor.”

The defendant obtained property benefits corresponding to the drinking value by deceiving the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Criminal history: References to inquiries, investigation reports (verification of the same history), and application of Acts and subordinate statutes on the acceptance status of individuals;

1. Article 347 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

1. Determination of punishment Article 35 of the Criminal Act for aggravated repeated crimes;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for a year to two years and six months;

2. Decision of punishment: to recognize errors;

It is often punished by committing the same crime.

There are difficulties such as prior disability and respect of alcohol.

However, it is difficult to find out the will to live in person without causing harm to others, and there is a need to punish the crime to be recovered.