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(영문) 서울서부지방법원 2020.07.22 2020고단1466

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On November 30, 2018, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Southern District Court on November 30, 2018 and completed the execution of the sentence in the Busan Prison on January 20, 2020.

On May 7, 2020, the Defendant: (a) around 00:46 on May 7, 2020, the Defendant: (b) provided food equivalent to KRW 893,00,00 in total, including two illness, beer, six disease, and beer; and (c) acquired such food by fraud, despite the absence of intention or ability to pay the price in D’s main points managed by the Victim C in Yongsan-gu Seoul Metropolitan Government.

Around 23:00 on February 20, 2020, the Defendant: (a) at G operated by the Victim F in Dongjak-gu Seoul Metropolitan Government on February 20, 2020, the Defendant did not receive the victim’s profits equivalent to the sum of KRW 1 set of KRW 21,750,000 per each share of the Rouseet of KRW 21, set of KRW 21,12,000 per annum 21, 12,000 per annum; (b) the Defendant did not receive the victim’s profits as he did not have any intent or ability to pay the price despite the Defendant’s drinking; and (c) the Defendant did not receive the victim’s profits, including the amount of KRW 1,30,00 per share of KRW 1,00 per share of the 1,00,000 per share of KRW 1,00 per share of the 1,00,000 per share of the 1,3010.

Summary of Evidence

1. Defendant's legal statement;

1. For previous records of judgment: Criminal history records, inquiry reports, investigation reports (verification of the period of repeated crimes), and investigation reports (verification of the criminal records of the same kind);

1. C’s written statement (Intermediate statement), four on-site photographs, investigation reports (to hear the statements of victims), and investigation reports (to verify the balance of the card held by a suspect), “20 Godan1687”;

1. Application of each written statement, receipt, field, and business registration certificate of F, H, and I to Acts and subordinate statutes governing the business registration;

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

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Legal provisions;