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(영문) 대전지방법원 2016.01.26 2015고단4108

상습사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 6, 2011, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Daejeon District Court on July 6, 201 and completed the execution of the sentence at the same prison on July 6, 2012. On December 18, 2013, the Daejeon District Court sentenced ten months to imprisonment with prison labor for habitual fraud, etc. on September 5, 2014 and completed the execution of the sentence at the public prison on September 28, 2014. On November 28, 2014, the Defendant was sentenced to one year of imprisonment with prison labor at the Daejeon District Court for fraud, and was sentenced to more punishment for the same kind of crime on October 26, 2015.

Although the Defendant does not have the ability to pay the price even if he drinks after ordering alcohol, food, etc., the Defendant is habitually unable to do so;

1. On November 13, 2015, around 19:00, at the “E” restaurant operated by the victim D in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, and the second floor, the fact ordered that the victim would normally pay the price, even if the victim received the order, since there is no other means of payment other than KRW 18,000 other than the cash in possession, and thus, the victim would not have the ability to pay the price, and the victim would have paid the price in a normal manner. In so doing, the victim was provided with the alcohol and the alcohol equivalent to KRW 77,00 from the victim, and

2. On November 29, 2015, around 23:30, the main points operated by the Victim G G in the 23th century, Seo-gu, Daejeon, Seo-gu, Daejeon: (a) the fact ordered that the said main point employee I would normally pay the price despite the lack of means of payment, such as cash or credit card in possession, even if it does not have to pay the price; and (b) the said employee would not have the ability to pay the price; and (c) the said employee could have paid the price in a normal manner, through receiving the said amount of alcohol and alcohol equivalent to KRW 80,00 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Written statements of D;

1. A receipt for food payments and details of payment for food payments;

1. Previous convictions: Inquiry into criminal history, current status of personal identification, report on the results of confirmation of previous convictions of the disposition, and each judgment;

1. Habituality of the judgment: The records of each crime in the judgment and the method of committing each crime.