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(영문) 수원지방법원 평택지원 2016.08.10 2016고단959
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Text

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

Reasons

Punishment of the crime

On February 12, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Southern District Court, and completed the execution of the sentence in the original prison on December 7, 2015.

On May 28, 2016, the Defendant ordered food and alcohol to the victim, while doing so as to pay the normal price at around 21:30 on May 28, 2016 at the main point of the victim D operation in Pyeongtaek-si C.

However, the defendant did not have any intention or ability to pay food costs normally due to the absence of cash or credit card.

The Defendant did not pay the amount of alcohol and the amount of alcohol equivalent to the market value of KRW 66,00,00, such as small 3 illness, 6 illness, water leakage, etc. from the damaged party, which is, the Defendant acquired property benefits equivalent to that of the same amount.

On May 26, 2016, the Defendant, “2016 Highest 1018, the Defendant, at around 02:00 on May 26, 2016, engaged in the drinking house of the victim F in Sungnam-gu E, Sungnam-si, as if he would pay the amount normally, ordered the victim to drink and share.

However, the defendant did not have any intention or ability to pay the price normally due to the absence of cash or credit card in possession.

The Defendant did not pay the price of alcoholic beverages equivalent to KRW 60,00 in total with the market price of KRW 60,000, such as 1 sick, 5 sick, and 1 alcoholic beverages from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of victims;

1. Each police investigation report;

1. Each receipt; and

1. Each photograph;

1. Previous convictions: Inquiry into criminal history, current status of personal confinement, and application of each statute of the judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes (Judgment on the application of the sentencing criteria);

1. Determinations: Type 1. Of the groups of general fraud crimes;

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