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(영문) 수원지방법원 여주지원 2018.09.18 2018고단799
상습사기
Text

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

Reasons

Punishment of the crime

On September 12, 2014, the Defendant was sentenced to one year of imprisonment for habitual fraud in the capital support in Suwon Friwon, and on December 8, 2015, the same court was sentenced to eight months of imprisonment for habitual fraud, and on September 13, 2016, the same court was sentenced to eight months of imprisonment for habitual fraud. On June 26, 2017, the Defendant was sentenced to one year and six months of imprisonment for habitual fraud, etc. from the Suwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Frig, and completed the execution of the sentence on August 20, 2018.

1. On August 22, 2018, the Defendant: (a) around 02:00, at an entertainment station located in C, ordered the victim to pay the alcohol value to the victim D; and (b) issued an order for alcohol and alcohol.

However, the defendant did not have any intention or ability to pay the price even if he/she orders the drinking and the drinking with no certain occupation and property immediately after the release.

Ultimately, the Defendant, as seen above, by deceiving the above victim, was provided with alcohol and alcohol equivalent to KRW 320,000 in total to the market price of KRW 250,000,000, such as two weeks in the market price, from the victim.

2. The Defendant, at around 15:00 on the same day, committed as if he would pay the alcohol value to the victim G at the F station located in E at around 15:00 on the same day, and ordered alcohol and alcohol.

However, the defendant did not have any intention or ability to pay the price even if he/she orders the drinking and the drinking with no certain occupation and property immediately after the release.

Ultimately, the Defendant, as seen above, by deceiving the above victim, was provided with alcohol and alcohol equivalent to KRW 1,300,000 in total to the market price of 12,00,000, such as beer 12 C in the aggregate of the market price from the victim.

In this regard, the defendant had taken property by deceiving the victims habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and D;

1. Each receipt; and

1. Written inquiry about criminal history, etc.;

1. Report of investigation (verification of criminal records of the same kind as a suspect) and application of each statute of the judgment;

1. Articles 351 and 347(1) (mainly) of the Criminal Act and the choice of imprisonment for the crime at issue.

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