beta
(영문) 인천지방법원 부천지원 2015.12.18 2015고단2982

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 29, 2015, the Defendant was sentenced to six months of imprisonment for fraud in the Busan District Court’s Busan District Court’s subsidiary branch, and completed the enforcement of the said sentence on August 8, 2015.

On November 10, 2015, the Defendant: (a) around 00:10, the fact at the “E” singing room for the operation of the Seocheon-gu Seocheon-si C Victim D was done as if the Defendant had no ability to pay the price even if he/she received an order for alcoholic beverages and the speech; and (b) ordered an alcoholic beverage, etc.; and (c) the Defendant was provided by the said victim with an amount equivalent to KRW 230,000, such as alcoholic beverages and the speech, and did not pay the price

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A receipt for the price of alcoholic beverage;

1. On-site photographs;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (applicable to repeated crimes);

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated crimes [the scope of recommending punishment] general fraud [10 million won] [1-2 years and six months] of the aggravated area of category 1 (400 million won or less] [1-2 years] of the same repeated crime [a person under special jurisdiction]] [a decision of sentencing] is recognized as a relatively small amount of damage, but the defendant has been punished at least 30 times in fraud, and most of them are frauds in entertainment taverns, etc. like the crime of this case. The defendant committed the crime of this case. The defendant was sentenced to six months of imprisonment with prison labor for the same crime of this case, and again committed the crime of this case more than three months after release, the defendant was unable to pay damages, other defendant's age, character and behavior, environment, motive and circumstance of the crime, relationship with the victim, circumstances after the crime, etc., and all of the sentencing guidelines as stated in the records and arguments of this case, and the sentencing guidelines are determined as above.