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(영문) 광주지방법원 2019.03.28 2018고단3529
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On February 2, 2017, the Defendant, at the Gwangju District Court, sentenced ten months of imprisonment for fraud, and on March 30, 2017, the same court sentenced four months of imprisonment and six months of imprisonment for fraud, respectively, and completed the execution of the sentence in the Gan prison on July 12, 2018.

【Criminal Facts】

On August 29, 2018, the Defendant: (a) around 01:10, at the “Dju” in the operation of the Victim C in Seo-gu, Seo-gu, Gwangju; and (b) even if he did not possess any means of payment, such as cash or credit card, he did not have an intent or ability to pay the price, and (c) did so even if he did not have an intent or ability to pay the price, he did so, and ordered E, an employee of the said main shop, to pay the price properly; and (d) immediately ordered E, who is an employee of the said main shop, to pay the price, and (e) did not pay the price.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Receipts and business notification certificates;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports (a written judgment and personal confinement status attached thereto);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. According to Article 35 of the Criminal Act, the Defendant shall be sentenced as ordered by the sentence, taking into account the following: (a) the reason for sentencing under Article 35 of the Criminal Act of Aggravation of repeated crime: (b) the fact that the Defendant erred and reflects the fact that the amount of damage is small; (c) the fact that the Defendant again commits the instant crime during the period of repeated crime even though he had been

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