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(영문) 대전지방법원 천안지원 2014.12.11 2014고단1469
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal career] On August 28, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Suwon District Court Sejong District Court members, and completed the execution of the sentence in the Daejeon Prison on June 20, 2014.

【Criminal Facts】

around 23:00 on October 21, 2014, the Defendant, at the “Eju shop” operated by the victim D located in Dong-gu, Nam-gu, Dong-gu, Chungcheongnam-gu, Seoul, ordered the victim to make an order and make a contact loan, and made a false statement as if the Defendant would pay the payment.

However, there was no intention or ability to pay the price even if the defendant was provided with alcohol, speech, etc. from the victim.

The Defendant acquired 80,000 won by being provided with 10,000 won, such as beer and 10,000 won, from the victim, and acquired 2-hour entertainment for 100,000 won, and did not pay 10,000 won, and did not pay 10,000 won.

In this respect, the defendant deceivings the victim and acquired property and pecuniary profits.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Receipts:

1. Previous records: Investigation into criminal records, investigation reports (report attached to the same kind of judgment, etc.), judgment, application of Acts and subordinate statutes to the status of personal identification and confinement;

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

1. Reasons for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] General Fraud (less than KRW 100 million) and the aggravated area (one to two years and six months) of category 1 (the aggravated area of less than KRW 100 million) [Judgment of sentence] of the same repeated crime [the defendant is divided by mistake], the defendant can have the power of fraud of the same method, the defendant commits the instant crime during the period of the same repeated crime, and commits other factors for the sentencing as shown in records and pleadings, such as the defendant's age, character and behavior, environment, etc., one year of imprisonment;

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