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(영문) 인천지방법원 부천지원 2017.10.27 2017고단1947

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment for habitual fraud at the Suwon prison on July 13, 2016, and the execution of the sentence was terminated at the prison on October 23, 2016. On January 19, 2017, the Defendant was sentenced to eight months of imprisonment for fraud and completed the execution of the sentence at the prison on August 7, 2017.

【Criminal facts [2017 Highest 1947] From around 01:40 on August 17, 2017 to around 05:50 on the same day, the Defendant was provided with alcoholic beverages equivalent to KRW 280,000 on the part of the injured party, and acquired pecuniary profits equivalent to the same amount by being provided with alcoholic beverages equivalent to KRW 15,00 on the part of the injured party, including 15 C, 1, and 1, and 1,000 on the part of the injured party, even though he/she did not have any intent or ability to pay the price in the “D Singinging Co., Ltd.” on the same day.

[2017 Highest 2022] On September 1, 2017, the Defendant, even though there was no intent or ability to pay the price within the amusement shop located in Bupyeong-si F on September 1, 2017, committed as if he would normally pay the price to the victim G who is the owner of the business, and he had been provided with a total of 210,000 won, such as beer 15 sick, Man-man, Sing, Singing, and Singinging and singing, from the victim, acquired financial benefits equivalent to the same amount.

Summary of Evidence

[2017 Highest 1947]

1. Statement by the defendant in court;

1. E statements;

1. A statement (2017 Highest 2022);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Receipts (previous convictions in judgment);

1. Inquiry about criminal history;

1. Application of Acts and subordinate statutes, such as a report on investigation (verification of the same type of power) and text of judgment;

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

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

1. In light of the former part of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38(1)2, and Article 50 of the Act on the Punishment of Concurrent Crimes, the Defendant had been punished several times, including the same crime, and the fact that the instant crime was committed during the period of repeated crimes, the sentence of the sentence shall be imposed.