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(영문) 의정부지방법원 고양지원 2018.04.06 2017고정1224
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 25, 2017, the Defendant was sentenced to ten months of imprisonment for a crime of fraud, etc. in the Jung-gu District Court Goyang branch, and the judgment was finalized on April 5, 2017. On April 26, 2017, the Defendant was sentenced to two months of imprisonment for a crime of interference with business in the same court on April 26, 2017, and the judgment became final and conclusive on June 20, 2017.

On November 27, 2016, the Defendant made a false statement as if he would pay the victim E (39 years of age) the alcohol and food value at D cafeteria located in D Da at D si, Pariju, Pari-si, Pari-si.

The Defendant received, without any intent or ability to pay, food equivalent to KRW 20,000, in total, KRW 20,000, from one bottle of drinking water equivalent to KRW 3 bottled from the bones of bones equivalent to KRW 7,000, KRW 12,000 by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Receipts:

1. Previous convictions: A reply to inquiries, such as criminal history, written judgments, and application of Acts and subordinate statutes significantly true to this court;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exempted Criminal Act (the judgment of the Defendant, who was sentenced to ten months of imprisonment due to a fraudulent act committed by the same method as the instant crime, becomes final and conclusive. In light of the frequency of such crime, the nature of the crime, and the amount of damage of this case, etc., if the Defendant was tried together with the judgment of fraud, etc. on which the instant judgment became final and conclusive, it appears that he did not receive any more severe punishment

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