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(영문) 전주지방법원 정읍지원 2017.11.30 2017고단278

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

"2017 Highest 278"

1. On March 31, 2017, the Defendant committed fraud: (a) around 05:54, on March 31, 2017, at the “E” point of the victim D’s “E” point of the regular Eup-Eup-Myeon (hereinafter “E”); (b) did not have any money, and (c) did not have any intent or ability to pay the drinking value, and (d) ordered the victim to be be able to pay the drinking value normally; and (b) ordered the victim’s beer, etc.; (c) the Defendant was provided by the victim with the total market price of KRW 270,000,000, such as beer and service fees for entertainment workers, and did not pay the said amount, thereby acquiring the pecuniary profit equivalent to

"2017 Highest 409"

2. On August 11, 2017, the Defendant committed fraud: (a) committed fraud on August 11, 2017, at around 01:29, the Defendant did not have any money in the “H” main point of the Operation of the Victim G in Jung-gu, Jung-gu, Seoul; and (b) did not have any intent or ability to pay the drinking value, and (c) ordered the Victim’s beer, etc. to pay the drinking value in a normal manner; and (d) ordered the Victim’s beer, etc. to pay the drinking value; (b) the Defendant was provided by the Victim with a total amount of KRW 30,000,000, including the amount of 5 hours of beer and beer expenses;

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D or G by the police;

1. Application of each receipt statute;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations] Article 1 of the Act on the Aggravated Punishment [the grounds for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes] (10 million won or less) where the reduction area (1 month to 1 year to 1 year), the penalty is not imposed or considerable damage is restored to / In the case of habitual crimes [the decision of sentencing] where the defendant is committed at the time of committing the crime, and is against the mistake, and the victims are not punished by the defendant, etc., the conditions for sentencing favorable to the defendant and the defendant are punished by the non-exclusive fraud under the same Act several times.