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(영문) 창원지방법원 통영지원 2012.08.22 2012고단595
상습사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] The Defendant is a person who was sentenced to imprisonment with prison labor for eight months at the Changwon District Court on November 30, 2007 with prison labor for habitual fraud; on December 9, 2009, four months with prison labor for fraud; on April 28, 2010, eight months with prison labor for habitual fraud; on December 20, 201, four months with prison labor for four months with prison labor for the Daegu District Court in the Dong Branch of the Daegu District Court on December 20, 201, and on March 21, 201, five times with the same kind of criminal records including five times with prison labor for the completion of the execution of the sentence in the Daegu Detention District Court on March 21, 201.

【Criminal Facts】

Although the Defendant had no intent and ability to pay the payment due to the absence of money, the Defendant was provided with alcohol, alcohol, etc. by the victims twice habitually as follows:

1. The Defendant, at around 01:50 on July 3, 2012, was provided with alcohol and services equivalent to KRW 4.90,00,00 in total amount of KRW 4,00,00,000, as the Defendant, in the “E” singing stores operated by the victim C with D 2 stories on July 3, 2012, as if the Defendant had no intent or ability to pay the drinking value, and as such, would normally settle the payment, the Defendant was provided with the victim’s alcohol and services.

2. On July 3, 2012, the Defendant: (a) around 20:10 on July 3, 2012, the victim F was provided with alcohol and services equivalent to KRW 3.60,000,00 in total amount of KRW 3.6 million by deceiving the victim as if the Defendant did not have the intent or ability to pay the drinking value, and would normally pay the drinking value.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. An invoice and a statement;

1. Previous convictions in judgment: Criminal investigation and criminal records, previous records, previous records of disposition and report on results of confirmation, and investigation reports (personal records / current status of confinement and attachment of judgment);

1. Habituality of judgment: Each criminal history, method of crime, frequency of crime, and the same kind of crime as indicated in the judgment;

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