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(영문) 춘천지방법원 강릉지원 2016.09.08 2016고단878
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 12, 2015, the Defendant was sentenced to one year for fraud in the Changwon District Court Msan Branch, and the execution of the sentence was terminated on February 2, 2016 by the Changwon Prison.

On July 8, 2016, the Defendant: (a) around 00:30 on July 8, 2016, 2016, the Defendant: (b) around D entertainment bars located in Gangnam-si C; and (c) even if there was no intent or ability to pay the drinking value, the Defendant ordered the victim E, who is the owner of the business, to provide the alcohol and alcohol, and (d) ordered the victim to pay the drinking value; (b) one window and one scarblue amounting to the total market value of KRW 870,00,000 from the victim.

"2016 Highest 960"

1. On July 6, 2016, the Defendant: (a) around 15:20 on July 6, 2016, at H restaurant operated by the victim G in Seo-gu, Seo-gu, Gwangju, the Defendant placed an order of the victim, even though he did not have any intent or ability to pay the meal, as if he would have paid the food to the said victim; and (b) was provided with the victim with the erogate, 23,000 won in total in the market price.

2. The Defendant causing property damage, at the above time and place, destroyed the damage by putting the amount equivalent to 85,000 won at his/her own market price, which was the victim’s possession, in his/her own possession, in his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Statement and customer principal documents;

1. Photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (date of confirmation as a suspect's repeated crime);

1. Relevant Article 347(1) of the Criminal Act and Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for the crime

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

1. Of concurrent crimes, the amount of damage caused by the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is minor, but the scope of the recommended sentencing guidelines to the effect that the crime during the period of the same repeated crime is committed and the damage is not recovered: Imprisonment with prison labor for a year - December 1, 200.

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