beta
(영문) 서울동부지방법원 2018.02.22 2018고단26

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On December 22, 2016, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Eastern District Court on May 4, 2017, and completed the execution of the sentence at the first intersection of the North Eastbukbuk Island.

[2] On December 20, 2017, the Defendant: (a) on December 20, 2017, the Defendant: (b) on the main point of “X” located in Songpa-gu Seoul, Songpa-gu, Seoul; and (c) on December 20, 2017, the Defendant, despite having no money in water, provided that he/she does not have an intent or ability to pay the price; (d) he/she would normally pay the price to Y (e.g., 29 years of age) the victim Y (e., the victim Y) who is located therein; and (e) ordered the alcohol and the alcohol, and (e) he/she received a notice of an excess amounting to KRW 330,00 in total from the victim

On January 8, 2018, the Defendant: (a) around 01:15, 2018, the main point located on the second floor of the Z in Gangdong-gu Seoul Metropolitan Government, ZAA; (b) stated that even if the Defendant did not perform an alcoholic beverage because there is no money in water, it would have been done as if he would normally pay the price to the victim AB; and (c) ordered an alcoholic beverage and an alcoholic beverage to be done by the Defendant. The Defendant received a delivery of the amount of KRW 310,000 in total from the injured person, including an alcoholic beverage and an alcoholic beverage equivalent to KRW 310,00.

Summary of Evidence

"2018 Highest 26"

1. Statement by the defendant in court;

1. The Y and AC's written statements "2018 Highest 172";

1. Statement by the defendant in court;

1. AB's statement;

1. Receipts (previous convictions in judgment);

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to such previous decisions, etc.);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

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

1. The sentence shall be determined as ordered by comprehensively taking into account the following circumstances and records of the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (2) of the Criminal Act, as well as various conditions of sentencing as shown in the records.

The crime of this case was committed during the period of the same repeated crime;