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(영문) 서울북부지방법원 2018.08.23 2018고단2509
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 24, 2017, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing the performance of public duties in the Seoul Northern District Court, and on June 7, 2018, on June 7, 2018, the Seoul Northern District Court rendered 38 times the criminal records.

Criminal facts

1. On June 16, 2018, around 22:20 on June 16, 2018, the Defendant against the victim C was engaged in as if he had the intent or ability to pay the drinking value, etc., in the restaurant operated by the victim C, which is operated by the victim C, Dongdaemun-gu Seoul Metropolitan Government. The Defendant ordered the drinking and the drinking. The Defendant was provided with the victim with the alcohol and the alcohol equivalent to KRW 54,00,000, including 6 beer, 1 beer, and 1 beer.

As a result, the Defendant, by deceiving the victim, received a total of 54,00 won of property.

2. On June 17, 2018, at around 02:20 on June 17, 2018, the Defendant against the victim F, the victim F, the victim F, who was on the first floor G underground, conducted as if he/she had the intent or ability to pay the drinking value, etc., even though he/she did not have the intent or ability to pay the drinking value, etc., and ordered the drinking and drinking place. The Defendant was provided with the victim with alcoholic beverages equivalent to the total of KRW 460,000,00, such as 17 years and 17 years and 17 years and 17 years and 2 years and 2 hours and drinking water, from the victim.

Accordingly, the defendant was given property worth KRW 460,000 by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of C and F;

1. Each receipt; and

1. On-site photographs;

1. The 112 reported case settlement table, respectively;

1. Investigation report (Confirmation of the victim C counterpart suspect);

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous conviction of the disposition, text of the judgment, and application of the relevant statutes;

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

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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