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(영문) 광주지방법원 순천지원 2018.11.15 2018고단1848

상습사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 10, 2015, the Defendant was sentenced to five months of imprisonment for fraud in the Gwangju District Court’s Netcheon Branch, five months of imprisonment for the same crime at the Gwangju District Court on December 8, 2015, and eight months of imprisonment for habitual fraud in the Gwangju District Court’s Net Branch on January 19, 2017, and on November 24, 2017, the Defendant was sentenced to ten months of imprisonment for the same crime and was sentenced to ten months for the same crime on July 15, 2018.

The defendant habitually deceivings another person to acquire property or pecuniary benefits as follows:

1. The Defendant against the victim B was guilty from around August 23, 2018 22:00.

8. 24. 05:40 경까지 순천시 C에 있는 피해자 B 운영의 XXXXXX 유흥 주점에서 사실 피해 자로부터 술 등을 제공받더라도 그 대금을 지불할 의사나 능력이 없음에도 마치 술값 등을 지불할 것처럼 행세하여 피해 자로부터 합계 43만 원의 상당 술( 맥주 30 병), 안주, 유흥 접객원 서비스, 방 등을 제공받았다.

2. On August 26, 2018, from around 03:30 to 12:40 on August 26, 2018, the Defendant was provided with alcohol equivalent to KRW 2.2,10,00 from the victim D, as if he did not have any intent or ability to pay the price, even if he/she was provided with alcohol from the actual victims at X amusement stations in X-si operated by the victim D, and was provided with alcohol equivalent to KRW 2.2,21,00 in total from the victim (beer note 15 C, 4 C, and entertainment service).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. B written statements;

1. Receipts:

1. Each photograph;

1. Previous convictions in the judgment: Inquiry letter, personal acceptance status, each summary order, and copies of the judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, etc.;

1. Relevant Article 351 of the Criminal Act; Article 351 of the Criminal Act; Article 347 (1) of the Criminal Act; and the choice of imprisonment for a crime;

1. The defendant's reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.