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(영문) 서울서부지방법원 2016.05.25 2016고단805

상습사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment for fraud at the Ulsan District Court on October 17, 2013; on November 13, 2015, the Ulsan District Court sentenced eight months to imprisonment for fraud; on December 23, 2015, the execution of the sentence was terminated at the port prison on December 23, 2015; and the same kind of power was 53 times.

[Criminal Facts]

1. On February 21, 2016, the Defendant issued an order for the total amount of KRW 56,000 (5,000) of KRW 4,00 and KRW 2,00 (56,00) to the victim D in Yongsan-gu Seoul, Yongsan-gu, Seoul, to the victim D, even though he/she was provided with alcohol, food, etc. from the victim, and the Defendant did not pay the price.

2. On February 28, 2016, the Defendant: (a) at a “H” restaurant operated by the victim G in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, on February 28, 2016; (b) even if he was provided with alcohol, food, etc. from the injured party, the Defendant was ordered to pay the price normally, and the Defendant did not pay the price by ordering the amount equivalent to KRW 32,00,000, the total market price of Section 4, 2,000, of Section 32,000.

3. On March 13, 2015, the Defendant: (a) at the “K” restaurant operated by the Victim J, located in Yeongdeungpo-gu Seoul Metropolitan Government, on March 13, 2015; and (b) even if the Defendant was provided with alcohol, food, etc. from the injured party, the Defendant ordered the injured party to receive food equivalent to KRW 47,00 in total at the market price, including a rewing, and did not pay the price.

In this respect, the defendant had habitually induced victims to acquire financial benefits from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of G or L;

1. Invoice and receipt;

1. Records of previous convictions: Investigation report (prior convictions and confirmation of repeated crimes) and current status of personal identification;

1. Habituality of the judgment: Each of the records of the crimes, the number of crimes, the frequency of crimes, and the same kind of crimes as the judgment are repeated;