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(영문) 춘천지방법원 2018.06.19 2018고단480

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 15, 2017, the Defendant was sentenced to one year of imprisonment for habitual fraud at the Seoul Central District Court, and the execution of the sentence was terminated in the Daegu Prison on April 24, 2018.

1. On May 13, 2018, the Defendant issued an order of food, etc. as if he would have paid the price properly, and acquired it by deceptioning from the damaged person after being provided food, etc. equivalent to KRW 62,00,00.

2. On May 13, 2018, the Defendant, at the “H” restaurant operated by the Victim G in Hongcheon-gun F, Hongcheon-gun, Gangwon-do on May 13, 2018, provided the victim with alcoholic beverages equivalent to KRW 10,00,00 from the damaged by the said method and acquired them by deception.

3. On May 14, 2018, the Defendant received alcohol and food equivalent to KRW 27,000 from the injured party by the said method at the “K” restaurant operated by the Victim J, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun on May 14, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Statement of the police made to G and J;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes concerning criminal records (related to repeated crimes);

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. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (one to two years and six months) is aggravated (the decision of sentencing]. The defendant repeats the same offense.

However, the sentencing conditions such as the confession and reflect of the defendant, the minor amount of individual damage, the defendant's age, environment, and means and results of the crime shall be considered and sentenced to the same punishment as the order.