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(영문) 수원지방법원 성남지원 2012.11.29 2012고단988
사기
Text

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

Reasons

Punishment of the crime

[2012 Highest 988] The Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court on October 30, 2009, and completed the execution of the sentence in Seongdong-gu District Court on September 21, 2010.

At around 21:30 on May 18, 2012, the Defendant: (a) expressed the same attitude that the Defendant would pay the price to F, who is the head of the above main office, even if he did not have any intention or ability to pay the price even if he did not take an order for drinking and drinking because of the lack of only 5,00 won in the number at the time; (b) ordered the alcohol and drinking, and (c) ordered it to pay the price to F, who is the head of the above main office; and (d) the Defendant acquired economic benefits from the victim, who did not pay a sum of KRW 8,90,000,000,000, such as the price and service fee, even if he was provided with the 12-year 1 disease, 17-year 2 disease) with the F, 3 inside the main office.

[2012 Highest 1849] On June 19, 2012, the Defendant, at around 20:59, expressed the same attitude that the Defendant would normally pay the price without any intent or ability to pay the price, even if he/she orders the alcohol and the alcohol, he/she obtained economic benefits equivalent to the same amount by failing to pay the price.

Summary of Evidence

[2012 Highest98]

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A copy of a business license and a receipt;

1. Previous convictions in judgment: Criminal records and investigation reports (the attachment of written judgments and confirmation of convicts);

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of the receipt statute

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 among repeated crimes;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the decision of punishment] types 1 of general fraud [the person who is a special offender].

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