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(영문) 수원지방법원 2016.07.15 2016고단2885

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 19, 2012, the Defendant was sentenced to imprisonment of one year and six months with labor for fraud at the Sungwon District Court Sungnam Branch, and the execution of the sentence was terminated around May 4, 2013. On October 25, 2013, the Daejeon District Court sentenced imprisonment with labor for habitual fraud at the Daejeon District Court on January 25, 2015, and completed the execution of the sentence around January 25, 2015. On November 26, 2015, the Defendant was sentenced to six months of imprisonment with labor for, and on February 22, 2016, the execution of the sentence was terminated.

1. On May 2, 2016, the Defendant: (a) around May 2, 2016, at the “D” entertainment drinking point operated by the victim C in Suwon-si, Suwon-si on May 2, 2016; and (b) despite the lack of the intent or ability to pay the drinking value, etc., the Defendant was engaged in as if he would pay the drinking value, etc.; and (c) the Defendant received property or acquired pecuniary benefits equivalent to KRW 1.30,000 in total from the victim who was provided with the said services.

2. On May 19, 2016, the Defendant: (a) around May 19, 2016, at the “F” entertainment drinking point operated by the victim E in Suwon-si, Suwon-si on May 19, 2016; and (b) despite the absence of an intent or ability to pay the drinking value, etc., the Defendant was engaged as if he would pay the drinking value, etc.; and (c) he received property or acquired pecuniary benefits equivalent to KRW 620,000,00 in total from the victim, who was provided with be provided with beer, entertainment workers, and entertainment workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by C and E;

1. Each statement of food prices and each statement of business permission;

1. Previous convictions: Application of respective Acts and subordinate statutes in replys to inquiries, such as criminal history, search results of confinement, investigation reports (in cases where a suspect is currently pending trial, indictments of a case and attachment of past past records);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes