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(영문) 의정부지방법원 2018.09.05 2018고단2879

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On September 29, 2017, the Defendant was sentenced to one year to be habitually punished by imprisonment with prison labor at the Jeonju District Court on September 29, 2017, and completed the execution of the said punishment on May 31, 2018.

On June 30, 2018, the Defendant issued an order for beer, etc. to the victim E, who is the owner of the business, with the intention or ability to pay the drinking value, etc., on June 30, 2018, when the Government of the Republic of Korea, around 00:30, the Defendant received alcoholic beverages equivalent to KRW 2.80,00 in total of the market price of 10,000,000, including 10,000.

On September 29, 2017, the Defendant was sentenced to one year to be habitually punished by imprisonment with prison labor at the Jeonju District Court on September 29, 2017, and completed the execution of the said punishment on May 31, 2018.

On June 20, 2018, the Defendant was provided with food and service equivalent to KRW 260,000,000, total amount of KRW 1,000,000, from the injured party, even though the Defendant had no intention or ability to pay the drinking value, etc., due to the absence of any money held at the time, and the Defendant was engaged in the business at the same time, and received from the injured party the food and service of KRW 260,00,00.

Summary of Evidence

[2018 Highest 2879]

1. Statement by the defendant in court;

1. E statements;

1. On-site photographs and receipts for the value of alcohol;

1. A previous conviction in judgment: A written reply to inquiry, such as criminal history, and a report of investigation (Evidence Nos. 7, 8) [Attachment Nos. 7, 8];

1. Statement by the defendant in court;

1. A H statement;

1. Receipts, on-site photographs;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (Evidence List Nos. 8)-related Acts and subordinate statutes;

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

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code for the aggravated concurrent crimes [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] is a special aggravated area (in the case of habitual offenders, the same repeated crimes, one year to September).