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(영문) 대전지방법원 2020.12.04 2020고단4038
사기
Text

In the case of crimes in the No. 1 and No. 2 of the annexed Table of Crimes in the judgment of the defendant, the above No. 3 and No. 4 of the above Table shall be sentenced to imprisonment in January.

Reasons

Punishment of the crime

On January 29, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny in the Daejeon District Court for six months, and on September 17, 2015, the Daejeon District Court sentenced ten months of imprisonment with prison labor for larceny, etc. on September 5, 2016, which became final and conclusive on February 5, 2016, and completed the execution of the said sentence on November 2, 2016.

In addition, on February 8, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court on February 16, 2017, which became final and conclusive on April 14, 2017, and the execution of the sentence was terminated. On January 10, 2018, the Daejeon District Court sentenced two months of imprisonment with prison labor for fraud, etc. and ten months of imprisonment with prison labor, which became final and conclusive on January 18, 2018.

피고인은 2015. 2. 12. 17:23경 대전 중구 B에 있는 피해자 C이 운영하는 D 식당에서 정상적으로 대금을 지급할 것처럼 행세하면서 소주와 짬뽕을 주문하였다.

However, the defendant did not have the intention or ability to pay the price normally.

Ultimately, the Defendant, as seen above, by deceiving the above victim and being provided with alcohol and food equivalent to a total of 11,500 won from the above victim, and acquired the above victim with alcohol and food equivalent to a total of 81,500 won from that time to April 28, 2017, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each statement in the preparation of E, F, G, H, and C;

1. A written confirmation of details of crackdown, hearing of telephone statements, and making each disposition of notification;

1. Current status of personal confinement, report on the previous dispositions and confirmation results, and application of each statute of the judgment; and

1. Relevant Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act for concurrent crimes;

1. Of concurrent crimes, the defendant's mistake in sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code is recognized.

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