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(영문) 의정부지방법원 2017.07.14 2017고단1568
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 8, 2016, the Defendant was sentenced to 10 months of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence in the first intersection of the North Korean Peninsula on February 12, 2017.

[2] On April 6, 2017, the Defendant: (a) entered the “Esing place” entertainment place operated by the victim D in Dongducheon-si, 2017, around 02:00; and (b) placed an order for beer and beer, etc., on the part of the victim D; and (c) placed an order for beer and beer, etc., on the part of the victim, despite the absence of the intent or ability to pay the said amount even if he/she does not have any money or means of payment to pay the said amount; and (d) placed an order for the payment of the said amount

As such, the Defendant, who belongs to the victim, was provided with beer and beer with a market value of 200,000 won from the victim in the seat, and acquired it by fraud.

around 15:20 on April 2, 2017, the Defendant issued an order of 15:20 to J “H” restaurant operated by the victim G in Yongsan-gu Seoul, Yongsan-gu, Seoul, to have the victim paid the amount.

However, there was no intention or ability to pay the price even if the price was supplied with food and beverage because there was no means to pay or pay the price.

Nevertheless, the defendant deceivings the victim as above, and he was provided with food and alcoholic beverage equivalent to the sum of KRW 31,000 in 1st century at the time of contact with the victim from the victim, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Receipts and damage receipts;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations] is the increased area (one to two years and six months) (one to two years), and the aggravated area (a special aggravated person) of Article 37, Article 38(1)2 and Article 50 of the same Act.

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