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(영문) 춘천지방법원 강릉지원 2015.06.24 2015고단304

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On March 19, 2013, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Daegu District Court’s Ansan Branch on March 19, 2013, and completed the execution of the sentence in the Ansan Prison on March 10, 2014.

【Criminal Facts】

The defendant is a recipient of basic living who has no certain occupation.

On August 30, 2014, around 19:00, the Defendant took place as if he would normally pay the drinking value in the “E” dan operated by the victim D in Gangseo-si C, and ordered the victim to provide alcohol and alcohol. However, the Defendant did not have cash or credit card while being in the water and did not have any intent or ability to pay the drinking value even if he was provided with alcohol and alcohol by the victim.

The Defendant, by deceiving the victim as above, did not pay the ex post facto value even though the Defendant was provided with an alcoholic beverage equivalent to the sum of KRW 400,000,00,000, such as beer, beer, and beer, from the victim.

The Defendant, including this, obtained economic benefits equivalent to the same amount as the Defendant did not pay the ex post facto value equivalent to KRW 1710,000,000, even though he/she had by deceiving the victims, as shown in the list of crimes committed in the attached Table, and had been provided with alcohol and alcohol on five occasions from August 30, 2014 to April 3, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, D, H, and I;

1. Each receipt and each on-site photograph;

1. Reports on internal organs;

1. Previous records before ruling: Criminal records, inquiry records, results of the search of prisoners, inquiry into confinement, and application of Acts and subordinate statutes attached to investigation reports;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the following conditions for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are comprehensively taken into account: the defendant’s age, character, conduct, family environment, circumstances of the crime, means, results, and other various conditions for sentencing specified in the records and arguments, such as the circumstances before and after the crime.