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(영문) 수원지방법원 2020.03.19 2020고단823

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 17, 2019, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Suwon District Court’s Ansan Branch, and on August 28, 2019, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Suwon District Court, and completed the execution of the final sentence at the Suwon Prison on January 26, 2020.

【Criminal Facts】

At around 20:30 on February 6, 2020, the Defendant: (a) had the victim C’s D restaurant operated by Osan-si B; (b) had no intent or ability to pay the price even after ordering food; (c) had the victim’s intent or ability to do so; and (d) deceiving the victim as if he had such intent or capacity; and (c) deceiving the victim, from the victim, the Defendant was three persons of the Lanyang-

A total of 97,00 won, such as a single disease, a water cooling room, etc., was provided with food and beverageing amounting to KRW 97,00.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A food principal document;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of repeated crimes, and the same kind of power);

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

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is that the Defendant had a record of criminal punishment, such as punishment for the same kind of crime, but at the same time, the Defendant committed the instant crime during the period of repeated crime of the same kind, and that it did not recover from damage is disadvantageous.

However, the defendant's recognition of the crime of this case, the amount of damage is relatively small, and the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, etc. shall be determined as ordered by taking into account various sentencing conditions, such as the defendant's age, character and behavior, environment, family relationship, motive