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(영문) 창원지방법원 2018.07.11 2018고단701
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal Records] The case: The Daegu District Court rendered a judgment on fraud, etc. on January 21, 2016: Imprisonment with prison labor for one year and ten months, and two months: September 18, 2016: the termination of the execution of the sentence of a detention house for the smuggling on September 18, 2016 / [criminal facts] around February 19, 2018, the Defendant ordered the payment of alcoholic beverages, etc. in D’s singing operated by the victim C in Kimhae-si, Kimhae-si, Kim Jong-si, that he would pay the price.

However, the defendant did not have a cash so that he did not have any intent or ability to pay the price even if he received alcoholic beverages, etc. from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) provided the victim with alcohol and alcohol equivalent to the total market value of KRW 150,000,000, which is equivalent to the market value of KRW 120,000, and KRW 30,000, and KRW 150,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes;

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

1. A person whose sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is less than 100 million won that is the basis of the reduction of the types of punishment to be imposed on a special sentencing guidelines in January 1 through June 1, June 1, through June 2: Aggravating factors (hereinafter referred to as the same repeated offense), a sentence of recommending mitigation factors (unlimited to punishment): The former sentence sentenced to general sentencing in the basic area (from June 1 to June): The sentence of eight months: Imprisonment with prison labor for a period of 4 months: A period of aggravated punishment (same type), cumulative records of punishment (same type), absence of trial date, etc.; a confession, victim's non-guilty grounds for mitigation; a minor dependent (limited to a minor child), health (non-permanent legacy), etc.;

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