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(영문) 인천지방법원 부천지원 2017.03.17 2017고단254
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On July 1, 2016, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. at the Incheon District Court, and the execution of the sentence was terminated on January 6, 2017 at the Gansung Vocational Training Prison.

[2] On February 2, 2017, the Defendant: (a) around 15:00 on February 2, 2017, the Defendant: (b) “E” restaurant operated by the victim D in Seocheon-si, Seocheon-si; and (c) even though there was no money to pay meals at the time or any other valid means of payment, the Defendant was able to obtain economic benefits equivalent to the same amount by failing to pay the amount of money to the victim, even if he was provided with two persons, namely, a 29,000 won of regradation cost, a small liquor, and a drinking water.

On February 2, 2017, the Defendant: (a) around 00:34, 2017, the 2017 Highest 355 Defendant: (b) obtained economic benefits equivalent to the same amount by failing to pay KRW 17,520, 17,520, while taking a taxi in G-si operated by the Victim F and having no other effective means of payment; (c) failing to pay the taxi expenses at the time; and (d) failing to pay the 17,520, 17,000, the taxi charges to the roads adjacent to the Bupyeong-gu Incheon Metropolitan City.

Summary of Evidence

"2017 Highest 254"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

1. 112 A list of reported cases;

1. Photographs;

1. An invoice "2017 high group 355";

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reports on internal investigation (criminal history);

1. The application of Acts and subordinate statutes to inquiries about criminal history, personal confinement status, and investigation reports (Attachment to the same military records of the suspect);

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

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of recommendations] type 1 (100 million won).

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