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(영문) 의정부지방법원 2016.01.14 2015고단4508

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On October 18, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Jung-gu District Court on October 18, 2013 and completed the execution of the sentence on June 12, 2014.

[Criminal facts]

1. On November 11, 2015, the Defendant appeared to have paid the drinking value in E operated by C victim D in Macheon-si on November 11, 2015, and ordered the victim to pay alcoholic beverages.

However, the defendant is provided with alcoholic beverages from the injured party due to the lack of cash and means of payment in his possession at that time.

(2) there was no intention or ability to pay the price.

Nevertheless, the defendant had been provided with alcoholic beverages equivalent to KRW 450,00,00, such as the two owners, by deceiving the victim as above and deceiving the victim.

2. On November 23, 2015, the Defendant viewed that he would pay the drinking value at H main points operated by the Victim G in Macheon-si on November 23, 2015, and ordered the victim to pay alcoholic beverages.

However, the defendant did not have any intention or ability to pay the price even if he received alcoholic beverages from the injured party due to the lack of cash and means of payment.

Nevertheless, the defendant knew the victim as above and provided 520,000 won, including the two-way owners, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G and D;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) a criminal investigation report (a) and an investigation report (a) and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommendations] of Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of recommendations] and Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (10 million won or less) and Article 1 of the Act on the Aggravated Punishment of Crimes (10 million won or less)