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(영문) 창원지방법원 2018.02.14 2018고단75

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 16, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. in the Changwon District Court M&D branch on December 22, 2017.

On January 8, 2018, the Defendant: (a) around 21:15, 2018, at the “Esing room” operated by the victim D of the 6th floor of the Seongdong-gu, Sungwon-si C Building, the Defendant: (b) committed the act as if he did not have the intent or ability to pay the drinking value to the victim; (c) ordered liquor, etc.; and (d) obtained the orders of alcohol from the victim, and acquired it by deceiving the victim with the total amount of KRW 810,00,00 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Previous convictions in the judgment: A investigation report (the confirmation of the previous convictions and rulings of the same type of fraud), inquiry statement, such as criminal history, and application of Acts and subordinate statutes on the acceptance status of each individual;

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 punishment;

1. The Defendant for sentencing Article 35 of the Criminal Act recognizes the instant crime for aggravated repeated crimes.

However, the defendant has been punished not less than 25 times for the same crime, including several criminal records, and has failed to complete the execution of punishment for the same crime, and has committed a second offense, and the amount of damage is high.

Even though it is difficult to see, damage was not recovered.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances in the records and arguments, such as the age, sex, environment, details and motive of the crime, and circumstances after the crime.