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(영문) 인천지방법원 부천지원 2017.08.23 2017고단1253
상습사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On January 12, 2016, the Defendant was sentenced to one year of imprisonment for habitual fraud at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and served on October 21 of the same year with the same kind of force more than 32 times, including the completion of the execution of the sentence in the previous main prison.

[Criminal facts]

1. On May 24, 2017, the Defendant committing the crime against the victim B: (a) enter a restaurant operated by the victim B in Bupyeong-si without any valid means of settlement, such as cash or credit card, on May 24, 2017, into the restaurant operated by the victim B in Bupyeong-si;

As if you would pay food in a normal manner, we ordered alcoholic beverage and food and received the provision of beverage and food equivalent to 12,000 won from the above victims.

2. On May 24, 2017, the Defendant, who committed a crime against the victim D, shall enter the main place operated by the victim D in Bupyeong-si without any valid means of settlement, such as cash or credit card, on May 24, 2017, as a customer, even though it does not exist.

As if you would pay food in a normal manner, we ordered drinking and food, and had been provided with beer and beer equivalent to 5,000 won from the above damage.

Accordingly, the defendant was informed of the victims twice habitually and received property from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Each receipt; and

1. Previous convictions: A reply to inquiry, such as criminal history, results of search by prisoners, reporting on the results of investigation (verification of previous records), text of judgment, and summary order;

1. Habituality of judgment: Application of 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 crime has been committed in a planned and organized manner;

1. Relevant Article 351 of the Criminal Act, Articles 351 and 347 (1) of the Criminal Act (including), and the choice of imprisonment with prison labor for the crime;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is as follows: the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc.

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