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(영문) 광주지방법원 2016.08.19 2016고단1013
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 23, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the wooden Branch of the Gwangju District Court on April 23, 2015, and completed the execution of the said sentence on January 20, 2016.

1. On February 10, 2016, around 23:00, the Defendant issued an order to pay for the amount of money to the victim D’s singing room in Gwangju Mine-gu without intent or ability to pay for the amount of money even if he/she received alcoholic beverages and he/she because of the lack of money in water in the “sing room” of the victim D’s operation in Gwangju Mine-gu. On February 10, 2016, the Defendant entered into one entertainment loan and one singing until February 11, 2016.

As such, the Defendant: (a) by deceiving the victim; (b) obtained 200,000 won or more from the victim; and (c) obtained the pecuniary benefit equivalent to 40,000 won or more from the victim; and (d) did not pay the service fee of the contact loan.

2. On March 31, 2016, around 01:30, the Defendant issued an order to pay the amount of money to the victim E in Gwangju Mine-gu for the lack of money in the “F” of the victim E’s operation in Gwangju Mine-gu, without any intent or ability to pay the said amount, and then entered into one contact loan and singing from March 31, 2016 to May 04:50.

The Defendant: (a) by deceiving the victim as above; (b) obtained the victim from the victim, by deceiving the victim, and by deceiving the 1.80,000 won of alcohol and the algorith; and (c) did not pay the sum of KRW 1.60,000 of the 1.60,000 and the 1.40,000,00

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the defendant by the prosecution concerning the suspect interrogation protocol;

1. Statement of each police statement made by the victims;

1. Each entry of each receipt;

1. Previous conviction: Application of the Acts and subordinate statutes in which inquiries, such as criminal history, and personal identification status are entered;

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 defense counsel for the determination of the defense counsel’s assertion on Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes.

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