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(영문) 청주지방법원 충주지원 2016.12.23 2016고단529
사기등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the charge of special assault shall be acquitted. This decision shall be acquitted.

Reasons

Punishment of the crime

[Criminal Power] On December 19, 2014, the Defendant was sentenced to 10 months of imprisonment for fraud, etc. at the Seoul Central District Court, and completed the enforcement of the sentence at the Seoul Detention Center on April 5, 2015.

【Criminal Facts】

1. On April 22, 2016, the Defendant, at around 19:40 on April 2, 2016, 2016, was provided with alcohol, alcohol, and alcohol services equivalent to KRW 405,00 from the victim who believed that he/she would be able to pay the price in full, despite that he/she was only 30,000 won in cash in the water and there was no other means to pay the price.

Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.

2. At around 02:20 on September 9, 2016, the Defendant was provided with the victim G’s main points operated by the Victim G in Chungcheongnam-gun F, Chungcheongbuk-gun, with a small amount of cash, despite the fact that there was only a small amount of cash in water and there was no other means to settle the price, the Defendant was in the same manner as if he would pay all the amount of the amount of the payment in the orders of alcohol, Ansan and Domin service, and was believed to have been in fact provided with 580,000 won from the victim who believed to have been in fact.

Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits.

Summary of Evidence

[2016 Height529]

1. Defendant's legal statement;

1. Some statements in the police statement concerning D;

1. Invoice;

1. On-site photographs (2016 Height728);

1. Defendant's legal statement;

1. A written statement of the G production;

1. Invoice;

1. On-site photographs (prior to trial on-site), evidence records referred to in subparagraph 2016 highest728;

1. A reply to inquiries, such as criminal records;

1. Application of Acts and subordinate statutes, such as a report on investigation (a repeated crime, confirmation while pending trial), and inquiry into confinement;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

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

1. Aggravation for concurrent crimes;

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