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(영문) 의정부지방법원 2016.05.12 2016고단1135

상습사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The defendant is six months in imprisonment with prison labor for habitual fraud at the Jung-gu District Court on October 11, 200; eight months in imprisonment with prison labor for habitual fraud at the Seoul Central District Court on October 29, 2001; six months in imprisonment with prison labor at the Seoul Central District Court on August 21, 2002; ten months in imprisonment with prison labor for habitual fraud at the Seoul Central District Court on February 7, 2003; eight months in imprisonment with prison labor at the Jung-gu District Court on November 11, 2003; six months in imprisonment with prison labor for habitual fraud; and one year in imprisonment with prison labor at the Dong-gu District Court on August 5, 2005 at the Seoul Central District Court on August 23, 201; and one year in imprisonment with prison labor at the same time as the Government on June 23, 2014 at the Seoul Central District Court on June 18, 2015; and one year in a habitual manner from the Government District Court on June 28, 2015.

[2] On March 24, 2016, around 21:30, the Defendant ordered the alcohol and the alcohol as if he would pay the alcohol value at the “E” entertainment drinking point operated by the victim D, who is in the Gu-si city of Speaker-si, but in fact, the Defendant did not have the intent or ability to pay the price even if he did not have the money possessed and he was provided with alcohol and the alcohol from the victim due to his lack of self-sufficiency.

The defendant deceivings the victim as above and acquired the 200,000 won of beer 20,000 won at the market price of the above day from the victim and obtained the delivery of beer 20,000 won, beer, and beer.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Business license;

1. On-site photographs;

1. Previous convictions in judgment: References to inquiries (A), results of search by prisoners, investigation reports (Attachment of judgment attached) and judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method and frequency of crimes, and the fact that the same kind of crime has been committed intentionally and repeatedly;

1. Articles 351 and 347 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.