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(영문) 수원지방법원 평택지원 2018.07.27 2018고단987
사기
Text

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

Reasons

Punishment of the crime

[criminal history] On January 19, 2018, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence in the lawsuit of the Suwon detention House on May 19, 2018.

[Criminal facts]

1. On June 6, 2018, the Defendant committed the crime at around 02:30, Jun. 6, 2018, in the “E cafeteria” operated by the victim D in Pyeongtaek-si C, having no intention or ability to pay the food value due to the lack of money during the number of times, the Defendant sent the same attitude that the victim would pay the food value with the fruit, and ordered the drinking and food.

The Defendant, as such, by deceiving the victim, received the victim with the above-mentioned alcohol and food equivalent to the sum of KRW 17,000 won, including the sum of KRW 1 bottled alcoholic beverages equivalent to KRW 17,00,00, which is equivalent to KRW 5,000, KRW 10,000, KRW 4,000.

2. On June 7, 2018, the Defendant committed the crime at around 04:00 on June 7, 2018, in the “H main store” operated by the Victim G in Pyeongtaek-si F, the Defendant did not have any money during the number and did not have any intent or ability to pay the alcohol value. As such, the Defendant had the same attitude to pay the alcohol value to the victim. The Defendant ordered the alcohol and the alcohol.

As such, the Defendant, by deceiving the victim, received the victim from the victim with a strong aggregate of KRW 230,00,00 from the market price, or obtained the same from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I and D;

1. Receipts:

1. Invoice;

1. Each photograph;

1. Previous convictions: References to inquiries, investigation reports (verification of the facts of suspect repeated crimes), and application of Acts and subordinate statutes on the acceptance status of individuals;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] of category 1 (less than KRW 100 million) of the general fraud area (one year to two years and six months) [the person who is specially aggravated] of the same type of repeated crime [the sentence].

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