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(영문) 의정부지방법원 2015.12.31 2015고단4251
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 13, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the District Court of Jung-gu on February 13, 2015, and completed the execution of the sentence on October 13, 2015.

At around 22:40 on October 29, 2015, the Defendant ordered the victim to drink KRW 600,000 to the victim in the Emina operated by the victim D located in the Government City C and fourth floor, “I will drink 600,000 won. I will not am ma, until it will calculate the account if I will do so. I will do so.”

However, at the time of fact, the defendant did not have any particular occupation and property, and he did not have only 2,000 won, and even if he was provided with alcoholic beverages from the victim, he did not have an intention or ability to pay the price.

Nevertheless, the Defendant, by deceiving the victim as above, was provided with alcoholic beverages and liquors equivalent to the total market value of 384,000 won, such as beer and beer, and beer and beer, from the victim.

Accordingly, the defendant deceivings the victim and acquired the property amounting to 384,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs and receipts;

1. Previous records: Application of Acts and subordinate statutes, such as personal identification and confinement status, investigation reports (report accompanied by written judgments related to suspects and summary orders), criminal records, and inquiry into criminal records;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] General Fraud (less than KRW 100,000) [1-1 year] mitigation area (person who is specially mitigated] / Decision not to punish 6 months] / normal circumstances unfavorable to the same repeated crime [decision of sentence] : there has been a history of having been punished more than six times including the same criminal punishment for the same type of fraud, and in particular, on February 13, 2015, there is a history of being punished more than two weeks including the criminal punishment for the same type of fraud.

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