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(영문) 수원지방법원 성남지원 2013.09.13 2013고단1425

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On April 4, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court, and completed the execution of the sentence on October 20, 2012.

【Criminal Facts】

1. Around 19:00 on July 4, 2013, the Defendant issued an order for alcohol and alcohol as if he would pay the alcohol value at the “E” book operated by the victim D in Seongbuk-gu, Seongbuk-gu, Sungnam-gu.

However, because the defendant did not have money, the defendant did not have any intention or ability to pay the money even if he received the alcohol and the communication.

As above, the Defendant, by deceiving the victim, obtained from the victim, a sum of KRW 40,00,00, such as the Kafri 3 bottles, etc. from the victim, and acquired it by deception.

2. Around July 4, 2013, the Defendant reported the Defendant to the police on the ground that the victim D did not pay the drinking value at the head office as indicated in paragraph 1, and assaulted the victim’s part of the part of the victim once by drinking, with the victim’s 500cc beer residues.

3. In the date, time, and place mentioned in Paragraph 2, the victim F (the years of age of 48) expressed the victim’s desire to obsesses, the victim’s face with the victim’s hand floor one time, and the victim’s face was taken once, once, and the victim’s hand floor was taken twice, and the victim’s breath was injured by the victim for approximately 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A written diagnosis of injury;

1. [Prior Records]: Criminal history records, etc. inquiry reports, reports on the results of confirmation of the disposition failure, application of Acts and subordinate statutes to the number of individuals and the status of accommodation;

1. Article 347 (1), Articles 260 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of a penalty: Selection of imprisonment;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;