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(영문) 제주지방법원 2017.03.24 2017고단313

상습사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 3, 2014, the Defendant was sentenced to one year of imprisonment for habitual fraud at the Jeju District Court on April 3, 2014, and nine months of imprisonment for fraud at the same court on December 17, 2015, and on June 24, 2016, the same court was sentenced to ten months of imprisonment for night intrusion larceny and the sentence became final and conclusive on January 6, 2017.

The defendant, including the above criminal records, has a total of 13 times of experience.

1. Around 00:00 on January 9, 2017, the Defendant: (a) provided “E” entertainment points operated by the victim D in Jeju Island; (b) provided that the Defendant would have paid the price even if he did not have any intent or ability to pay the price due to the lack of cash or credit card, etc. at the time of payment; and (c) provided that the Defendant received and acquired the volume of share and share equivalent to KRW 200,000 in total from the damaged person’s market price.

2. The Defendant, at around 03:00 on January 9, 2017, at the “H” entertainment shop operated by the victim G in the Jeju City F, was committed as if he were to pay the price even if he did not have the intent or ability to pay the price due to the lack of cash or credit card, etc. at the time, and then, he was provided with the two weeks in the aggregate amount of KRW 400,000 in the market price from the victim and acquired it by deception.

3. On January 14, 2017, at around 03:35, the Defendant was aware of the fact at the “K” restaurant operated by the Victim J, which was located in Jeju, as if he did not have the intent or ability to pay the price due to the lack of means of settlement, such as cash, credit card, etc. at the time, and that he was provided with the product and food equivalent to 30,000 won in total from the damaged person.

4. On January 23, 2017, the Defendant, at the “N” entertainment shop operated by the victim M on the Jeju L on January 23, 2017, was committed as if he were to pay the amount even if he did not have the intent or ability to pay the amount because of the lack of cash or credit card, etc. at the time, and as if he did so, the market price is the market price from the victim.