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(영문) 부산지방법원 2015.02.12 2013고단1561
상습사기
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 21, 2011, the Defendant was sentenced to imprisonment with prison labor for habitual fraud at the Busan District Court on March 21, 201 and was sentenced to 1 year and 26 times more.

The defendant habitually concealed victims and received property and acquired financial benefits as follows.

1. On March 7, 2013, at around 02:30, the Defendant: (a) had the victim D in Jung-gu, Busan; (b) had the intention or ability to pay the drinking value, by deceiving the victim as if he did not have the intention or ability to pay the drinking value; and (c) had the amount equivalent to KRW 30,00 of the market value of beer seven diseases and KRW 10,000 of the market value of beer, KRW 10,000 of the singing room, and KRW 30,000 of the service fee of beer, and KRW 30,000 of the service fee of beer.

2. On March 9, 2013: (a) around 03:25, 2013, the Defendant: (b) by deceiving the victim as if he did not have the intent or ability to pay the drinking value despite the fact at Hnonok points operated by the victim G in Busan Dong-gu, Busan; and (c) received from the said victim the amount equivalent to KRW 180,000 and KRW 90,000 of the 25 Mariju’s market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Criminal records and investigation reports (No. 13 No.);

1. Habituality of judgment: Application of Acts and subordinate statutes to which dampness is recognized in view of the records of each crime, the number of crimes, the number of crimes, and the continuous repetition of the same kind of crimes in the judgment;

1. In light of the reasoning for sentencing of Article 351 and Article 347(1) of the Criminal Act regarding criminal facts, this case also ought to be sentenced to a heavier punishment. However, considering the fact that the amount of damage is not significant, and the health status of the defendant at present is not deemed to be sufficient enough to reduce detention, the case shall be sentenced to a fine.

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