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(영문) 부산지방법원 2015.06.18 2015고단1412
사기
Text

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

Reasons

Punishment of the crime

On February 5, 2014, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. in the Suwon District Court's Ansan Branch, and completed the execution of the sentence in the Busan Correctional Institution on November 23, 2014.

"2015 Highest 1412"

1. On February 3, 2015, the Defendant: (a) around 22:40, the victim D’s “Esing room” operated by the victim D on the first floor of the Busan Seo-gu C underground, Busan Seo-gu; (b) the Defendant did not have the intent or ability to pay the price even if he/she received an order for alcoholic beverages, and (c) was done as if he/she would normally pay the price; and (d) the Defendant received delivery from the victim of the same amount equivalent to KRW 350,00 in total the market price.

2. On March 14, 2015, the Defendant: (a) around 03:15, 2015, at “H singing room” operated by the Victim G located in Busan LOF; and (b) at the time of drinking with an alcoholic beverage, the Defendant did not have the intent or ability to pay the price even if he/she received an order; and (c) was paid as if he/she would pay the price normally; and (d) was issued from the victim the amount equivalent to KRW 460,00,00 in total

On February 22, 2015, the Defendant: (a) around 19:30 on February 22, 2015, at the “Kju shop” operated by the victim J on the first floor of the IG building in Kimhae-si; (b) there is no intent or ability to pay the price even if he/she takes an order of alcohol and alcohol; and (c) as if he/she would pay the price normally, he/she received a delivery from the victim of alcohol and alcohol equivalent to the total market value of KRW 420,00,000.

Summary of Evidence

"2015 Highest 1412"

1. Defendant's legal statement;

1. The protocol of statement of each police officer with respect to G and D "2015 Highest 2051";

1. Defendant's legal statement;

1. The protocol of statement by the police of J to the police station:

1. An inquiry report, the results of the confinement of prisoners, and the current status of personal identification and confinement;

1. Application of Acts and subordinate statutes to investigation reports (report on suspect repeated crimes and confirmation of same kind of power);

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. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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