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(영문) 대전지방법원 서산지원 2018.12.20 2018고단1002

사기

Text

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

Reasons

Punishment of the crime

[criminal records] On April 7, 2016, the Defendant was sentenced to two months of imprisonment for fraud and six months of imprisonment with prison labor at the Daejeon District Court, and completed the execution of the sentence at the Daejeon District Court on January 25, 2017. On August 16, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud at the Daegu District Court’s Seo branch branch, and completed the execution of the sentence at the Daegu District Court on March 9, 2018.

[Criminal facts]

1. On April 10, 2018, the Defendant: (a) around 20:30 on April 10, 2018, committed the crime against the victim B, at D amusement points in the operation of the Victim C in Chungcheongnam-gun, Chungcheongnam-do; (b) even if the Defendant orders alcohol, alcohol, and alcohol, etc., it would be done as if the Defendant would pay the price without any intent or ability to pay the price; and (c) the Defendant ordered the alcohol and alcohol, etc.; and (d) the Defendant was provided with beer 60,000 won in total at the market price from the damaged person, namely, KRW 750,00, and he acquired economic benefits equivalent to the same amount.

2. On April 27, 2018, the Defendant: (a) around 22:30 on the part of the victim’s G management in the Chungcheongnam-gun F of Chungcheongnam-gun, Chungcheongnam-gun, issued an order for alcohol, alcohol, and alcohol, etc., and (b) issued an order that the Defendant would pay the said amount despite having no intent or ability to pay the said amount; and (c) the Defendant acquired pecuniary benefits equivalent to the said amount by being provided with the service from the victim, namely, ten (10) sick owners of the 140,000 won at the market price, as well as the 10 (140,000) Salk-gun and Salkju

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by E and B;

1. Each report on the occurrence of a crime, and each report on the occurrence of a crime;

1. G on-site photographs;

1. On-site photographs of D amusement centers;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, investigation report (reports on criminal records of the same kind of crime as the suspect and the period of repeated crime), summary order 7 copies, text 18 copies of the judgment, and one copy of the personal confinement status;

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

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

1. The former part of Article 37 of the Criminal Code, and Article 38.