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(영문) 서울동부지방법원 2017.02.08 2017고단135
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 18, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court, and the execution of the sentence was terminated on December 30, 2016 at the Sungdong detention center.

On January 3, 2017, around 19:00, the Defendant: (a) committed as if the Defendant would normally pay the amount at the “E” entertainment shop for the victim’s D operation in Gwangjin-gu Seoul Special Metropolitan City (Seoul), and ordered the victim to provide entertainment services for alcohol, alcohol, and entertainment reception workers.

However, the defendant did not have an intention or ability to pay the price normally even if he was provided with alcohol, alcohol, or alcohol from the injured party because there is no cash or means of payment such as debit cards which can be settled.

As above, the Defendant: (a) by deceiving the victim; (b) provided 80,000 won of the total amount of 1.60,000 won to the victim; (c) and (d) provided the entertainment reception service to the entertainment receptionist; and (c) did not pay the price; and (d) did not obtain pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A statement prepared by the F;

1. Receipts, on-site photographs;

1. Previous convictions: References to inquiries, investigation reports (verification of the date of release), personal confinement status, application of the statutes of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] General Fraud (within KRW 100 million - June - January 6): Persons who are specially mitigated for the same repeated crime: In the basic area (within KRW 100 million - January 6): Persons who are specially mitigated for the same repeated crime: In the case of a person who is not subject to punishment [decision of a sentence] [the defendant] has already been punished not less than 30 times due to criminal fraud of the same veterinary law, but has already been punished more than 30 times, and the defendant has already been sentenced to punishment again and has been released again at least 4 days,

However, the fact that the crime is divided in depth, the fact that the amount of damage is 160,000 won, and the victim does not want the punishment of the defendant in agreement with the victim (i.e., the agreement of February 6, 2017).

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