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(영문) 인천지방법원 부천지원 2018.11.29 2018고단2722
사기
Text

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

Reasons

Punishment of the crime

[criminal history] On June 15, 2018, the Defendant was sentenced to four months of imprisonment for fraud in the Incheon District Court’s Vice-Support, and completed the execution of the sentence in the Incheon Detention House on September 5, 2018.

[2] On October 8, 2018, the Defendant: (a) received alcoholic beverages and services equivalent to KRW 270,00,00 in total, including 15 C, A, A, and B; (b) entertainment expenses (120,000), entertainment expenses (120,000), and 2-hour usage fees (50,000,000,000 won) and did not pay the said amount; and (c) obtained financial benefits equivalent to the same amount because the Defendant did not pay the said amount, as if the Defendant did not have any intent or ability to pay the drinking value, and did so to the victim D, who is the business owner without any intention or ability to pay the drinking value.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs and invoices;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment), application of Acts and subordinate statutes on personal confinement;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes - The defendant recognizes the crimes.

- After committing the crime of this case, the crime of this case was committed to the proprietor and the police officers dispatched were able to take a bath, and the circumstances after committing the crime are not good.

- The Defendant repeatedly commits the crime of false-use fraud.

The crime of this case was committed during the period of repeated crime after one month after the release of the case before the judgment.

Criminal records of repeated crime in the judgment also committed four days after release.

In addition, on October 27, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor due to a crime committed without prison labor. The criminal facts were released and committed ten days only. On January 19, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor due to a crime committed with without prison labor. This also commits a crime even if he was convicted of the same repeated crime, even if he was committed for the same kind of repeated crime, and it did not run for one month after the release.

The defendant's behavior is repeated, and the defendant is a defendant.

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