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(영문) 청주지방법원 2017.03.31 2017고단179

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 24, 2013, the Defendant was sentenced to one year and six months of imprisonment for habitual fraud in the support of the Daejeon District Court Seosan Branch of the Daejeon District Court on August 31, 2014, and completed the execution of the sentence. On August 12, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence in the public prison on January 14, 2017.

[2] On January 20, 2017, the Defendant issued an order for alcohol, alcohol, etc. at the “E main store” operated by the victim D (E) of the victim D in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, 2017, and was committed as if he were to pay the price without any intent or ability to pay the price. The Defendant received 330,000 won (i.e., beer and hotel service) from the victim, namely, the sum of 20,000 won from the victim.

Accordingly, the defendant acquired property and property benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Receipts (E points);

1. Previous convictions: Application of a reply letter of inquiry, such as criminal history, investigation report (Evidence List No. 17), each written judgment, etc. (Evidence List No. 14, 18);

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

1. The defendant and his defense counsel asserted that Article 35 of the Criminal Act for aggravated repeated crimes was in a state of mental and physical weakness due to drinking at the time of the crime of this case.

On September 9, 2009, the Defendant was sentenced to two months of imprisonment for fraud at the Incheon District Court, and the execution of the sentence was terminated at the Incheon District Court on February 16, 2012. On June 5, 2002, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Incheon District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Branch Branch branch on September 20, 2006, and one year and six months of imprisonment with prison labor and medical care and custody care and custody on September 20, 206, and one year and six months of imprisonment with prison labor at the Incheon District Court's Branch on June 26, 2009, and one year and six months of imprisonment with prison labor at the Daejeon District Court's Branch on July 24, 2013.