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(영문) 서울남부지방법원 2015.10.29 2015고단2585
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 21, 2014, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Southern District Court on March 21, 2014, and was punished for the same crime on August 28, 2014, including the termination of the enforcement of the sentence in the Seoul Southern Southern District Court.

around 00:05 on June 26, 2015, the Defendant ordered the Victim D (FY) located in Gangseo-gu Seoul Metropolitan Government, to pay the price in a normal manner with the absence of the ability or intent to pay the price to the victim even if he was provided with alcohol and alcohol, and ordered the Defendant to pay the price in a normal manner to the victim.

The Defendant, as above, by deceiving the victim, received from the victim the delivery of 250,000 won in total from the market value.

around 20:40 on June 25, 2015, the Defendant ordered H to provide an employee of Yeongdeungpo-gu Seoul Metropolitan Government “G” singing room operated by the Victim F in Yeongdeungpo-gu, Seoul, and ordered H to provide a singing voice.

However, the defendant did not have any money, and there was no other property or income, and there was no intention or ability to pay for the use of musical instruments, including the drinking value and the fee for the use of musical instruments.

The Defendant, by deceiving H as such, was provided with alcoholic beverage and musical instruments while using said musical instruments for a period of one hour, and did not pay 110,000 won total of the price for the use of musical instruments even after using the musical instruments, thereby acquiring economic benefits equivalent to the same amount.

Summary of Evidence

"2015 Highest 2585"

1. Defendant's legal statement;

1. The protocol of statement by the police about D 2015 Highest 2612;

1. Defendant's legal statement;

1. A statement prepared by H;

1. "Prior Crimes in the Market" of a receipt;

1. Application of Acts and subordinate statutes to investigation reports (precluding and confirming repeated crimes of suspects);

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

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

1. Article 37 of the Criminal Code among concurrent crimes.

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