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(영문) 춘천지방법원 2013.05.02 2013고단82
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 28, 2012, the Defendant sentenced ten months to imprisonment with prison labor at the Chuncheon District Court for fraud, etc., and completed the execution of the sentence on February 4, 2013.

1. On February 5, 2013, at around 23:30 on February 5, 2013, the Defendant, at the main point of “D” operated by the victim under the name in Chuncheon City C, by pretending that he would not have any intent or ability to pay the price even if he/she was provided with alcoholic beverages and he/she would have paid the price to E, who is an employee of the said main point, ordered the foregoing alcoholic beverages and the scarblus and the scarblus and the sablus, which are the victim’s ownership, and acquired them by deceiving them.

2. On February 9, 2013, at around 03:00, the Defendant, at the main point of “G” operated by the victim in the name in Chuncheon City F, the Defendant, who pretended to pay the price even if he had been provided with alcoholic beverages and he had no intent or ability to pay the price even if he was unable to do so, and the Defendant, by ordering H to the above main manager the foregoing main point manager to provide alcoholic beverages and he acquired it by being provided with alcoholic beverages equivalent to KRW 400,00,00 in total, and the market price, such as 1 disease and alju, which is the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Details of each charge;

1. All on-site photographs;

1. Previous convictions indicated in judgment: Application of inquiry reports on criminal records, etc. and Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [decision of types] Fraudulent crimes, general fraud, type 1 [Disposition of Concurrent Crimes]: The source of punishment not and significant damage therefrom, the basic area of the same repeated crime [decision of the recommended area], the basic area of imprisonment with prison labor for not less than 6 months and not more than 1 year and not more than 6 months [standard]

1. Grounds for major participation: The previous department and the members not subject to punishment;

2. Reasons for general participation: Criminal records of not less than two suspended executions;

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