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(영문) 의정부지방법원 2014.04.11 2013고단4096
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Justice] On October 18, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Jung-gu District Court on the part of October 18, 2012 and completed the execution of the said sentence on June 8, 2013.

[2013Kadan4096] The Defendant, around 00:10 on August 23, 2013, committed a “E” entertainment drinking club operated by the victim D, which is located in Sacheon-si C, as if the Defendant were to pay the amount when he/she orders the victim with alcohol and alcohol.

However, there was no intention or ability to pay the price even if the victim was provided with alcoholic beverage and alcohol.

As such, the Defendant, as indicated in the crime list from August 14, 2013 to October 13, 2013, was provided five victims with alcohol and alcohol equivalent to KRW 2.280,000,00 in total, five times from August 14, 2013, including the Defendant, by deceiving the victim as such, and received from the victim an alcoholic beverage equivalent to KRW 5,90,00 from the victim.

[2013 Highest 4308] On November 20, 2013, the Defendant received property equivalent to KRW 330,000 in total with the victim’s 20,000 and 60,000 in each of the following items: (a) around November 20, 2013, the Defendant was engaged in property gains by being provided with the victim’s 20,000 won, with the victim’s fright club’s entertainment bars with no money during the pertinent period; and (b) even if he was provided with drinking and drinking as a result of the lack of an intent or ability to pay the price; and (c) was provided with the victim’s frightt 20,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D, I, J, K, and L;

1. Written statements;

1. Each receipt; and

1. Previous records: Application of criminal records, etc., investigation reports (the confirmation of crimes during the period of repeated crimes), investigation reports (the power of repeated crimes and confirmation of the same kind of power), and other statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the range of applicable sentences for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act: The scope of recommended sentences according to the sentencing guidelines for not less than one month but not more than ten years [the types of crimes].

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