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(영문) 광주지방법원 목포지원 2016.11.03 2016고단1084

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 13, 2016, the Defendant was sentenced to five months of imprisonment for fraud in the Daejeon District Court on May 13, 2016, and completed the execution of the sentence in the Daejeon Prison on May 13, 2016.

On July 15, 2016, around 22:30, the Defendant ordered the victim to pay the victim a normal price at the “E points” in the “E points” of the victim D’s operation in Fagpo City C, as if he would pay the victim a normal price.

However, even if the defendant received alcohol, he/she received two services from the victim who did not have the intention or ability to pay the drinking value, etc., and was provided with two services from the victim.

Accordingly, the defendant deceivings the victim to acquire the 530,000 won of the market price by deceiving the victim, and acquired the pecuniary benefits of 180,000 won of the service fee of the entertainment receptionist.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements, invoices, copies of business license certificates, and each investigation report;

1. Previous records of judgment: Application of criminal records, investigative reports (report on confirmation of the end of the term of punishment, and reporting of criminal records and judgments attached to the suspect), and statutes;

1. Article 347 (1) of the Criminal Act, the applicable law of criminal facts, the choice of punishment, and the choice of imprisonment;

1. A repeated crime: (a) the fact that Article 35 of the Criminal Act reflects the error in sentencing; and (b) the fact that an agreement is made with the victim is favorable; (c) the same kind of criminal records are very large; and (d) the offender commits a second offense only for two months after the completion of the sentence;