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(영문) 대구지방법원 2017.03.31 2016고단6352
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On January 7, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence at the Daegu Prison on August 4, 2016.

[2016 Highest 6352] On October 6, 2016, the Defendant ordered “E” operated by the victim D in Daegu-gu, Daegu-gu, Seoul-gu, that the Defendant would normally pay the price, and that the Defendant would normally pay the price without any intent or ability to pay it.

The Defendant, as seen above, did not pay KRW 55,00 for the amount of 55,00, despite deceiving the victim and being provided with alcohol and alcohol from the injured party, thereby acquiring financial benefits equivalent to the said amount.

[2017 Highest 71] On December 13, 2016, the Defendant: (a) ordered the victim H (53 years of age) as if he did not have an intention or ability to pay the drinking value, and (b) ordered the victim to pay the drinking value in a normal manner; (c) had the victim paid an amount equivalent to KRW 100,000 for alcoholic beverages, such as alcohol and alcohol, and had the victim paid the amount of KRW 100,00,00 for the reason that the Defendant did not change the fact.

Summary of Evidence

【Criminal Records】

1. Inquiry into criminal history and report on investigation (current status of personal confinement) (2016 order 6352);

1. Statement by the defendant in court;

1. Written statements of D;

1. A receipt (2017 high group 71);

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the receipt statute

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. The former part of Article 37 of the Aggravation of Concurrent Crimes Act, Articles 38(1)2 and 50 of the Aggravation of Concurrent Crimes are highly likely to have the same criminal history for the defendant, and the defendant committed the instant crime during the period of repeated crime immediately after the completion of the term of punishment for the same kind of crime, and the defendant needs to be isolated for a certain period in order to prevent mass production of victims from such frequent crime.

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