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(영문) 서울중앙지방법원 2016.06.24 2016고단1784
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On July 24, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence at the Seoul Detention Center on January 26, 2016.

around 01:55 on March 23, 2016, the Defendant issued an order for alcohol and alcohol to the victim as if he/she would normally pay alcohol and alcohol to the victim in the D restaurant operated by the victim C (M, E, 55 years old) located in Jung-gu Seoul, Jung-gu, Seoul.

However, the defendant did not have the intention or ability to pay the price normally even if he was provided with alcoholic beverage and alcohol from the injured party.

The Defendant, as such, by deceiving the victim, was provided with security, such as beer and beer, which amount to 150,000 won in total on the same day from the victim.

around 23:00 on April 25, 2016, the Defendant issued an order for alcohol and alcohol to the victim as if he/she would normally pay alcohol and alcohol to the victim at the “G” point of the Seoul Jongno-gu E and the first underground floor.

However, the defendant did not have the intention or ability to pay the price normally even if he was provided with alcoholic beverage and alcohol from the injured party.

As above, the Defendant: (a) by deceiving the victim as above; (b) was provided, to the injured party, with a total of KRW 1,30,000,00,00, as well as KRW 1,50,000,00,000,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, H and F;

1. Receipts and invoices;

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

1. Each of Article 347 (1) of the relevant Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. The reason for sentencing Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes and Article 50 [the scope of recommendation] of the sentencing guidelines [the scope of recommendation] of category 1 (less than KRW 100 million) of the Act on the Aggravated Punishment of Concurrent Crimes and the aggravated area (one year to two years and six months] of the aggravated area (the special aggravated person] of the same type of repeated crime.

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