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(영문) 전주지방법원 2020.12.24 2020고단1789

사기등

Text

The punishment of defendants shall be five months.

Reasons

Punishment of the crime

On August 18, 2017, the Defendant was sentenced to one year of imprisonment with prison labor at the Jeonju District Court for fraud, etc., and completed the execution of the sentence on August 1, 2018. On May 14, 2020, the same court was sentenced to five months of imprisonment with prison labor due to fraud, etc., and the judgment became final and conclusive on August 21, 2020.

1. On March 31, 2020, the Defendant was provided with alcohol and alcohol at “C” house operated by “B” located in Seo-gu Incheon, Seo-gu, Incheon on March 31, 2020, even if he had no intent or ability to pay the price, and was provided with alcohol and alcohol (total amount of KRW 58,000) from “B” as he did so even though he did not have an intent or ability to pay the price.

The defendant brought about 1,00 won in cash and 14,00 won in Samsung Electronic Telecommunications Co., Ltd., which is owned by B, which is located on the calculation unit by using the gaps in which B was located.

The defendant received property by deceiving the victim B, and stolen the same victim's goods.

2. On April 1, 2020, around 19:50 on April 1, 2020, the Defendant: (a) received alcoholic beverages from D, “E” operated by D, Seo-gu, Incheon, but did not have the intent or ability to pay the price; and (b) received an order for alcoholic beverage and food (total amount of KRW 19,000) from D, and received an order for alcoholic beverage and food (total amount of KRW 19,000).

In addition, the defendant brought about one of the DNA owners of Samsung electronic mobile phones, which is located above the calculation unit using the gap of D's crepan.

The Defendant received property by deceiving the victim D, and stolen the same victim's goods.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports on criminal records, etc. (A) (verification of the period of repeated crimes and the facts of latter concurrent crimes);

1. Article 347 (1) and Article 329 of the Criminal Act, which provides for the legal provisions concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act dealing with concurrent crimes;