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(영문) 부산지방법원 2012.11.06 2012고단7690
사기
Text

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

Reasons

Punishment of the crime

On March 27, 2012, the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court on March 27, 2012 and completed the execution of the sentence at the Busan Detention House on June 13, 2012.

1. Around 00:20 on September 13, 2012, the Defendant ordered E, an employee of the victim, without the intent or ability to pay the drinking value within the D main points operated by the victim C in Busan Dong-gu, Busan, the Defendant ordered E, an employee of the victim.

The Defendant, by deceiving E as such, received a total of KRW 110,000 won, including beer and beer, etc. from E, and did not pay a total of KRW 85,000,00, such as women’s helper expenses and room-use expenses, and acquired property profits equivalent to the same amount.

2. On September 13, 2012, around 13:40 on September 13, 2012, the Defendant ordered the victim with the intention or ability to pay the food value within the H restaurant operated by the victim G located in Busan Jin-gu.

The Defendant, by deceiving the victim as such, received a total amount of KRW 20,000 from the victim, including beer and beer, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G and E;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (report on the previous records and results of confirmation of dispositions), personal identification and confinement status;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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