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(영문) 수원지방법원 안산지원 2013.12.10 2013고단1804
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 30, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Southern District Court for fraud, and the said judgment became final and conclusive on June 8, 2013.

1. On March 21, 2013, around 07:30, the Defendant, at the “E” entertainment tavern operated by the victim D, the victim D in Bupyeong-gu, Incheon, Bupyeong-gu, and the 1st underground floor, by deceiving the victim as if he did not have the intent or ability to pay the price, and received an order for alcohol and alcohol equivalent to the sum of KRW 1,30,000,000, including three illnesss, day-to-day, drinking water, drinking water, and service charges.

Accordingly, the defendant, by deceiving the victim, acquired property and property benefits from the victim.

2. On April 5, 2013, at around 03:00, the Defendant: (a) by deceiving the victim as if the victim G had no intent or ability to pay the purchase price; (b) ordered the Defendant to provide the victim with an order of an amount equivalent to KRW 250,000 in total, including one disease, beer five diseases, beer, service charges, and singing and singing and singing and singing, etc.

Accordingly, the defendant, by deceiving the victim, acquired property and property benefits from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (a right to record evidence and 14 pages);

1. A protocol of interrogation of some police officers against the accused (two books of evidence, one-eight pages);

1. Statement made to D by the police;

1. G statements;

1. Each receipt; and

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (prior convictions and confirmations of suspects) and statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (Fraud and choice of imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) Defendant was sentenced to a fine and a stay of execution on several occasions for the same crime; and (b) Defendant was punished for the same crime even after the instant crime.

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