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(영문) 청주지방법원 충주지원 2017.09.08 2017고단570

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 9, 2016, the Defendant was sentenced to ten months of imprisonment due to habitual fraud, etc. in the Cheongju District Court’s Assistance, and completed the execution of the sentence at the Cheongju detention center on April 18, 2017.

[2] On June 18, 2017, at around 02:00, the Defendant did not pay the price even if he/she received an order for alcohol, alcohol, and entertainment loan equivalent to KRW 500,000 without intent or ability to pay the price, and continued to receive an order for the victim G operation “H convenience store” located in Chungcheong City F around 00:40 on June 20, 2017, the Defendant did not pay the price even if he/she received an order for 1.50,00 won without intent or ability to pay the price, even if he/she continued to receive an order for 1.50,000 won without having an intention or ability to pay the price. Around 0:40 on July 2, 2017, the Defendant did not provide an order for the victim G operation “K convenience store” in Chungcheong City and did not receive an order for 390,000 won and service without having an intention or ability to pay the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of L, G and J;

1. A business license and a receipt (E amusement centers);

1. Receipt (Receipt Points for K convenience);

1. A report on the arrest of each case;

1. All on-site photographs;

1. Reports on internal investigation (to hear statements from victims G (K convenience points);

1. Report on each investigation (any unwritten circumstance concerning the interrogation of suspect, report on the result of execution of a warrant of search and inspection of evidence);

1. Previous convictions indicated in judgment: Inquiry about criminal history, investigation reports (verification of repeated crimes, confirmation of the same record), and application of Acts and subordinate statutes concerning personal confinement;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the facts constituting an offense (the point of fraud) and the choice of imprisonment with labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] of the general fraud [the scope of the recommended sentence] of Type 1 (less than KRW 100,00) [the person subject to special sentencing] of the mitigation area (~1 year] of the special mitigation factor: The non-exclusive mitigation factor of the punishment [the defendant is the victim J and G.