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(영문) 창원지방법원 마산지원 2013.04.10 2013고단52
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On December 17, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Changwon District Court, and completed the execution of the sentence in the Changwon Prison on April 3, 201.

[2013 Height52]

1. On January 1, 2013, at around 07:00, the Defendant: (a) provided the victim C with a service equivalent to KRW 110,000 in total at the victim’s place of service, even though the victim C was unable to express his/her intent or ability to pay his/her drinking value; (b) provided the victim with a service equivalent to KRW 110,000 in total at the market price.

2. On January 11, 2013, at around 01:00, the Defendant was provided with the victim F with the service equivalent to KRW 72,500 in total market value of KRW 72,50,00 on the job of the victim, even though the victim F was unable to express his/her intent or ability to pay his/her drinking value.

[2013J around 02:30 on November 4, 2012, the Defendant was provided with alcohol and alcohol equivalent to KRW 220,000 by deceiving the victim, even though the victim J was unable to pay the alcohol value.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of C and J;

1. Each receipt; and

1. Application of Acts and subordinate statutes to the current status of individual confinement and confinement;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are against the defendant, but they were re-offendered during the repeated crime period, and have failed to repay the damage, and other circumstances that form the conditions for sentencing indicated in the records of this case, including the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

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