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(영문) 광주지방법원 2016.12.02 2016고단4741

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 29, 2016, the Defendant was sentenced to imprisonment with prison labor for up to eight months in the Gwangju District Court's Netcheon Branch, for fraud, for the same year.

8.7. The execution of the sentence was completed.

1. On October 10, 2016, the Defendant, around 23:00, sent an attitude that the victim D, in Seo-gu, Seo-gu, Gwangju, would have paid the alcohol value, and ordered alcohol, alcohol, and alcohol.

At the time of fact, the defendant was unable to pay the price even if he was provided with alcohol and alcohol from the victim because he had no money.

The Defendant was provided from the victim with a total of 2.8,00 won of the market price at the seat of the Defendant, which was 10,000,000 and 10,000,000,000,000.

2. On October 7, 2016, the Defendant, around 00:10 on October 7, 2016, expressed the attitude that the victim G in Gwangju Mine-gu would pay the alcohol value, and ordered the alcohol.

At the time of fact, the defendant was unable to pay the price even if he received an alcoholic beverage from the victim because he had no money.

The Defendant was provided from the victim with 54,00 won in total at the market price of 54,00 won.

Accordingly, the defendant was informed of the victims and received property.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Written statements and receipts of D (the fact that it was sold on the basis of No. 2);

1. Defendant's legal statement;

1. Statement made by the police interrogation protocol of the accused (type 5736, 2016)

1. Written statements and receipts of G (before the date of sale);

1. Application of each of the Acts and subordinate statutes stated in the inquiry report and personal confinement status;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code for the aggravation of concurrent crimes have been the same criminal records that exceed 30 times.