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(영문) 의정부지방법원 2020.02.13 2019고단3010
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 26, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence in the medical prison on April 6, 2019.

around 23:00 on June 20, 2019, the Defendant, “2019 Highest 3010”, by deceiving the victim as if he did not have any intent or ability to pay the price, and by inducing the victim to pay it normally, the Defendant acquired financial benefits equivalent to the same amount by failing to pay the price, even though he was provided with alcoholic beverage services equivalent to KRW 300,000,000,000, including alcoholic beverage services equivalent to KRW 200,000,00,000 from the tin, and alcoholic beverage services equivalent to KRW 100,000,000,000.

around 22:50 on October 3, 2019, the Defendant: (a) informed the victim F of the “G” operated by the Government-Si Ma; (b) deceiving the victim as if the victim had no intent or ability to pay the price but would normally pay the price; and (c) deceiving the victim as if the victim would normally pay the price; and (d) had the victim paid the price in the manner that the victim would not receive economic benefits equivalent to KRW 278,00,000, the market price of which is equivalent to KRW 30,000,000, the market price of which is equivalent to KRW 30,000,000, the market price of which is equivalent to KRW 30,000,000.

Summary of Evidence

1. Previous records of judgment: Criminal history records, reply reports, and personal confinement status "2019 Highest 3010";

1. Defendant's legal statement;

1. Written statements of D;

1. Invoice and on-site photographs "2019Nomen 4578";

1. Defendant's legal statement;

1. A written statement;

1. Application of statutes on site photographs;

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. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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