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(영문) 서울북부지방법원 2015.08.26 2015고단1466
사기
Text

Defendant shall be punished by a fine of 5,000,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[criminal power] On May 30, 2014, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Suwon District Court, and on February 9, 2015, the Defendant was punished for the same type of fraud or habitual fraud as well as the completion of the enforcement of the sentence in the Ansan Prison on February 9, 2015.

【Criminal Facts】

On April 26, 2015, at around 02:50, the Defendant ordered a 15-year drinking to E, an employee of the said drinking point, as if he/she had no intent or ability to pay the drinking value because of the lack of money in water at the main point of “D” operated by the victim C in Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

The Defendant, as such, by deceiving E, received a total of KRW 121,00 from E and received alcoholic beverages and know-how.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Previous records: Criminal records, references to criminal records, amounts of dispositions and reports on results of confirmation, investigation reports (report attached to confirmation of the date of release from a military court, records of the same kind of military power, etc.), personal identification and confinement status, application of Acts and subordinate statutes of the same kind of military power;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, from around 1991 to around 30 times, committed the instant crime on February 9, 2015 at the time when the execution of the sentence was terminated on February 9, 2015 due to fraud, thereby committing the instant crime. However, considering the fact that the amount of damage was not significant, the Defendant’s liability for the crime is not less than that of the Defendant’s previous criminal record, given that the Defendant was a criminal act in the same way as that of the Defendant’s previous criminal record.

However, the defendant's time to commit the crime of this case and the mistake is divided, the victim does not punish the defendant, and the age, character, conduct and environment of the defendant, as well as the motive of the crime.

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