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(영문) 수원지방법원 안산지원 2014.01.27 2013고단2811
사기
Text

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

Reasons

Punishment of the crime

On January 30, 2013, the Defendant was sentenced to ten months of imprisonment due to fraud, etc. in the Gangnam Branch of the Chuncheon District Court on September 17, 2013, and completed the execution of the sentence in the Gangnam Prison on September 17, 2013. On November 13, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor in the Suwon District Court Ansan Branch, and the judgment became final and conclusive on the 21st of the same month.

On September 28, 2013, around 02:35, the Defendant: (a) committed as if the victim’s “E” type of “E” on the first floor of Pyeongtaek-si C underground is paying the victim the amount of drinking and drinking, and (b) provided one illness and one day week from the victim.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol and alcohol from the victim.

The Defendant, as such, by deceiving the victim, was provided with alcohol and alcohol equivalent to KRW 260,00 in sum from the victim’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Receipts and business registration certificates;

1. Previous records before judgment: Application of criminal records, references to criminal records, the accused's legal statement, investigation report (report on the progress of separate trial procedures);

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

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

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

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