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(영문) 부산지방법원 2020.04.10 2020고단537

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 22, 2018, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Seoul Eastern District Court on November 22, 2018, and completed the execution of the sentence in the Ansan Prison on November 25, 2019.

around 01:00 on February 11, 2020, the defendant ordered alcohol and entertainment entertainment service as if the victim C would pay the victim a normal price.

However, there was no intention or ability to pay the price because there was no cash or other means of settlement in cash.

The Defendant, by deceiving the victim as above, received goods equivalent to KRW 450,000 in total from the victim by being provided with three soldiers, security guards, entertainment guards, etc., or acquired property benefits.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to report the results of confirmation before and after each disposition, and to report an investigation (including attachment of the current status of confinement for each suspect and accompanying materials);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Aggravation factors of less than KRW 100 million [Special Aggravation] of the ordinary fraud [Type 1] of less than KRW 100 million according to the sentencing guidelines: In the area of aggravation of the same repeated crime [the area of recommendation and the scope of recommendations], imprisonment with labor for one to two years, and six months.

3. The fact that a person has been sentenced to punishment more than 30 times due to the same kind of crime in which the person committed a repeated crime due to the same kind of crime but has not been aware of it during the repeated crime period, and the scale of damage, etc.