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(영문) 서울북부지방법원 2018.11.09 2018고단1664
사기
Text

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

Reasons

Punishment of the crime

[criminal records] On July 21, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court on July 21, 2016 and completed the execution of the above punishment on October 15, 2016.

[2018 Highest 1664]

1. On March 20, 2018, at around 01:55, the Defendant: (a) committed a criminal act as if he/she would have paid the drinking value in a normal manner even though he/she did not have any intent or ability to pay the drinking value; and (b) obtained a total of KRW 130,000 from the injured party, such as drinking and drunken.

[2018 Highest 3900]

2. On March 18, 2018, around 22:15, the Defendant rendered an order for alcohol and alcohol to the victim, even though there was no means to pay the alcohol value, at the 'H’ point of the victim G management in Seoul Jung-gu. Around March 18, 2018, the Defendant had ordered the victim to pay the alcohol value.

Defendant deceiving the victim as above, and received from the injured party the delivery of alcoholic beverage and alcohol equivalent to the sum of KRW 42,000 per share of the cans, four beer, four beer, and one tone, one tone.

Summary of Evidence

[2018 Highest 1664]

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Investigation report (for a suspect's failure to pay his/her drinking value),

1. A receipt for the value of alcoholic beverage;

1. On-site photographs (2018 Height 3900);

1. Statement by the defendant in court;

1. A report on investigation (a statement by a victim);

1. A report on investigation (related to statements made by a victim);

1. A certificate of business report;

1. Receipts:

1. The card and cash photograph of the defendant's possession (the previous record of judgment);

1. Written inquiry about criminal history, etc.;

1. Investigation reports (prior convictions and confirmation of repeated crimes) and judgment attached thereto, and the application of Acts and subordinate statutes verifying confinement by individuals;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes recognize each of the instant crimes, and the amount of damage is relatively small, however, the Defendant has already been punished several times due to the same several crimes under the same Act.

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