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(영문) 서울중앙지방법원 2018.01.10 2017고단4367
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal records] On June 24, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence on April 25, 2017.

[2017 Highest 4367]

1. On May 23, 2017, the Defendant: (a) around 23:00, at the D main points of the victim B’s operation in Jongno-gu Seoul Jongno-gu Seoul underground; (b) despite the absence of intent or ability to pay the price, the Defendant ordered alcohol and food; and (c) even if the Defendant received one week from the injured party for 12 years, the Defendant did not pay the price to KRW 108,00,000, the Defendant acquired economic benefits in the same amount as the Defendant did not pay the price to the injured party.

2. On May 25, 2017, the Defendant: (a) around 22:00, at the G point of the operation of the Victim E in Jongno-gu Seoul Jongno-gu Seoul, the Defendant ordered alcohol and food despite having no intent or ability to pay the price; and (b) despite having no intention or ability to pay the price, the Defendant obtained pecuniary benefits equivalent to the same amount as the Defendant failed to pay the price of KRW 12 bottles, 150,000, even if he/she received from the injured party 12 bottles, 150,000.

[2017 Highest 6459] The Defendant, from around 22:00 on August 11, 2017 to around 01:10 on the following day, was provided with alcohol and alcohol equivalent to a total of KRW 170,000, and acquired pecuniary benefits in the same amount as the Defendant was provided with alcohol and alcohol equivalent to a total of KRW 170,000 from around August 11, 201.

Summary of Evidence

[2017 Highest 4367]

1. Statement by the defendant in court;

1. Each statement of B and E;

1. Each receipt (2017 Height 6459);

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A receipt and a business license (the previous record of judgment);

1. The application of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes to investigation reports (the confirmation of criminal history in the same paper record) in the second 2017 High 4367 evidence records;

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 for aggravated repeated crimes;

1. Aggravation concurrent crimes;

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