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(영문) 인천지방법원 2014.01.16 2013고단7731

상습사기등

Text

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

Reasons

Punishment of the crime

On January 20, 2009, the Defendant has been sentenced to 8 months of imprisonment for habitual fraud at the Busan District Court, 6 months of imprisonment at the Busan District Court on September 15, 2009, 10 months of imprisonment for fraud at the Busan District Court on April 22, 201, 8 months of imprisonment for fraud at the Seoul Central District Court on November 16, 201, 8 months of imprisonment for fraud at the Seoul Central District Court on April 12, 201, and 8 months of imprisonment for fraud at the Seoul Central District Court on April 27, 2013, respectively.

1. On November 19, 2013, around 23:02, the Defendant: (a) on the part of the victim D (E) in Jung-gu Incheon, Jung-gu, Incheon; (b) on the part of the victim D (E); (c) on the part of the victim D, the Defendant ordered the victim to pay the price despite having no intent or ability to pay the price; and (d) on the part of the victim, the Defendant did not pay the price, even though the Defendant was provided with alcohol and alcohol equivalent to KRW 260,00,00 in total, including two diseases, one day-to-day, and one day-to-day, Tae-gu.

In this respect, the defendant had acquired property benefits by deceiving the victim habitually.

2. When the victim F, who is an employee of the above main point, requested payment of the alcohol value at the time and place indicated in paragraph 1, the injured Defendant suffered an influence of treatment days by taking the victim’s face into consideration by drinking, such as flacing the victim’s clock at the left clock.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Receipts and photographs; and

1. Previous convictions: Criminal records, investigation reports, and copies of written judgments;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Relevant legal provisions concerning criminal facts: Articles 351, 347 (1) and 257 (1) of the Criminal Act (or, respectively, choice of imprisonment);

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Of concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act;