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(영문) 서울남부지방법원 2019.07.12 2018고단5897
사기
Text

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

Reasons

Punishment of the crime

On May 27, 2016, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Daejeon District Court Branch of the Daejeon District Court on December 3, 2016, and completed the execution of the sentence on December 3, 2016, and on June 22, 2017, the Defendant was sentenced to eight months of imprisonment for larceny, etc. from the Gwangju District Court's Maritime Branch of the Daejeon District Court on January 5, 2018.

around 21:00 on May 12, 2018, the Defendant, “2018 Highest 5897”, sent the same attitude of paying the normal price at the “D” point of the victim C’s operation located in Yeongdeungpo-gu Seoul Metropolitan Government, and ordered alcohol and alcohol.

However, the defendant did not have the intention or ability to pay the consideration even if he was provided with the alcohol and communication from the victim.

The Defendant, by deceiving the victim as above, was provided with 6 Macju and 1 china equivalent to the total amount of 50,000 won from the victim.

The defendant of "2019 Highest 2366" did not have the intent and ability to pay the price normally even if he/she takes an order of alcohol, alcohol, etc.

Nevertheless, around 18:00 on May 10, 2019, the Defendant: (a) concealed the aforementioned circumstances at Fju points located in Guro-gu Seoul Metropolitan Government E; (b) ordered the victim G, a business owner, to pay the normal price; and (c) ordered the victim G, a business owner, to do so; and (d) obtained from the victim the sum total of KRW 100,000,000, such as beer, beer, and beer.

Summary of Evidence

[2018 Highest 5897]

1. Defendant's legal statement;

1. C’s statement;

1. A receipt [2019 Highest 2366]

1. Defendant's legal statement;

1. G statements;

1. Receipts:

1. Address photograph of the case site (pre-trial record);

1. Application of Acts and subordinate statutes to criminal records and investigation reports (including confirmation of the period of repeated crime of a suspect, judgment attached thereto and current status of personal confinement);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders.

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