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(영문) 서울중앙지방법원 2016.04.07 2016고단1155

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On December 1, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence at the Sungdong detention center on February 20, 2016.

[Criminal facts] The Defendant had weak ability to discern things or make decisions due to mental and behavioral disorder caused by alcohol dependence.

On February 29, 2016, at around 20:00, the Defendant ordered alcohol and alcohol as if he would normally pay the drinking value to the staff F.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcoholic beverage and alcohol from the above F.

As such, the Defendant, by deceiving the above F, received from the above F the total amount of KRW 513,00 in the market price of KRW 513,00,00 from the above F, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Business license and receipt;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the confirmation of suspect A's repeated crime and date of release);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 10(2) and (1) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100,00) basic area (in June to one year and six months), (special mitigation (special mitigation)] mental and physical weak (a certificate of Alb call dependence) / The same repeated crime;

2. The circumstances and results of the crime in the judgment of the sentence, the defendant's age, sex, career, and environment are considered, and the following circumstances are considered to be less unfavorable: The defendant committed the crime of this case of this case in the same kind, even though he had been punished more than 30 times for the same crime (including 3 times for the treatment and custody, 19 times for the sentence).