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(영문) 수원지방법원 성남지원 2019.09.18 2019고단347
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Justice] On November 3, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for habitual fraud at the Sungnam Branch of the Suwon District Court for the crime of habitual fraud and completed the execution of the sentence in a female prison on July 11, 2018.

【Criminal Facts】

"2019 Highest 347"

1. On December 24, 2018, at around 21:10, the Defendant ordered two soldiers who were in the victim C’s first floor of the Dac shop, Manam-si, Manam-si, to pay the price in a normal manner even if the victim C did not have the intent or ability to pay the price, and were provided with two soldiers who were in the total amount of 60,000 won and 60,000 won from the victim.

"2019 Highest 997"

2. Around 03:50 on April 23, 2019, the Defendant, at an entertainment drinking house operated by “G” by the Victim F in Seongbuk-gu, Sungnam-si, the Defendant: (a) was provided with alcohol and alcohol equivalent to KRW 200,00,000 from the victim; and (b) was provided with an ordinary drinking value even if the Defendant did not have the intent or ability to pay the drinking value; and (c) obtained such information

3. On April 24, 2019, the Defendant: (a) around 21:00, at the “J” entertainment tavern operated by the victim I in Sungnam-si, Sungnam-si; and (b) at the “J” entertainment tavern operated by the victim I, the Defendant would normally pay the drinking value even if he/she did not have the intent or ability to pay the drinking value; and (c) was provided with and acquired by the victim with alcohol and alcohol equivalent to KRW 3

Summary of Evidence

"2019 Highest 347"

1. Defendant's legal statement;

1. C’s statement;

1. Each report on investigation;

1. Photographss of the scene of damage and receipts of the amount of damage "2019 Highest97";

1. Defendant's legal statement;

1. A written statement of I and F;

1. Each report on investigation;

1. A copy of each receipt, business license certificate, and photographs of each field;

1. Criminal records, report on the results of confirmation before and after dispositions, report on investigation (verification of the records accepted by the accused), results of prisoners search, and application of Acts and subordinate statutes to the current status of personal confinement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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