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(영문) 서울북부지방법원 2016.05.13 2015고단3946
사기등
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[criminal records] On February 7, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Northern District Court, and on June 23, 2015, completed the execution of the sentence at the Sungdong Detention House.

[Criminal facts] 2015 Highest 3946

1. On August 22, 2015, the Defendant: (a) around 00:47, at the “E” entertainment station operated by the victim D, under the ground of “Seoul Northern Building C”, and (b) despite having no intent or ability to pay the price even if the Defendant was provided with alcoholic beverages from the injured party, the Defendant issued an order for alcoholic beverages as if he would normally pay the price for alcoholic beverages to F, an employee of the Defendant; and (c) the Defendant received from F, an alcoholic beverage and alcohol equivalent to KRW 66,00 in total, including 5 C, 1,00,000, including 5 C, and 1,000, an alcoholic beverage and alcohol.

"2016 Highest 576"

2. On October 11, 2015, the Defendant: (a) around 02:00, on the roads on which a U.S. child U.S. child in Gangseo-gu Seoul, Gangnam-gu, Seoul; (b) the Defendant, despite having no intent or ability to pay the taxi fare even if boarding a taxi, was committed as if he would pay the taxi fare; and (c) the Defendant, having been boarding a H taxi operated by the victim G, did not pay KRW 13,200 of the taxi fee to the roads in front of the U.S. branch office in Seongbuk-gu, Seoul; and (d) took advantage of property benefits equivalent to the amount of the taxi fee,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written statement;

1. Previous convictions: Application of the Acts and subordinate statutes concerning the results of inquiry, investigation reports (prior convictions and confirmation of repeated crimes), personal identifications, and current status of expropriation;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. Part concerning dismissal of public prosecution under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act, which increases concurrent crimes

1. The summary of the facts charged is that the Defendant was requested to pay the taxi expenses from the victim G (40 tax) on the front of the YY market at the time of the day set forth in the above 2 above, and the Defendant was shouldered with the victim’s shoulder and her chest with his hand floor.

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