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(영문) 인천지방법원 부천지원 2016.06.30 2016고단942
사기
Text

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

Reasons

Punishment of the crime

On December 23, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Chuncheon District Court, and the execution of the sentence was terminated on August 25, 2015.

1. On May 7, 2016, at around 22:00, the Defendant: (a) was provided with an alcoholic beverage amounting to KRW 200,00,00,000, namely, KRW 10,000,00,00, and KRW 22:00,000,000, and KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000:

2. On May 7, 2016, at around 23:40, the Defendant: (a) was provided with alcohol equivalent to KRW 330,00,00,00,00 for KRW 1 3330,00,00,00,000, and KRW 3330,000,00,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,00,000,000,00

3. On May 8, 2016, the Defendant: (a) around 01:30, 201, the Defendant was provided from the victim J on the 2nd floor of Seocheon-si I building and the second floor of the victim J, which had no intent or ability to pay the drinking value, etc.; (b) was committed as if the victim would normally pay the drinking value, etc.; and (c) was provided from the victim with an amount equivalent to KRW 39,000 in total, including the 15-year Penelive Penel Penel and the 15-year Earthal Penel, etc., and acquired pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J and H;

1. Written statements of D;

1. Receipts (List 3);

1. Investigation report (List 7);

1. Previous convictions in judgment: Inquiry about criminal history, application of the Acts and subordinate statutes concerning personal identification and confinement;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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