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(영문) 서울중앙지방법원 2019.02.12 2019고단246
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 29, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence on August 18, 2017.

At around 19:00 on December 24, 2018, the Defendant: (a) was provided with alcohol and food as if the victim C would pay the victim a normal price; (b) was provided with drinking and food as if the victim would pay the victim a normal price; (c) but was only 10,000 won in cash, and there was no other means of payment, and there was no intention or ability to pay the price.

The Defendant, upon receiving from the victim, the amount of KRW 50,000 worth of KRW 50,000, KRW 16,000 of the market value of KRW 10,000, KRW 340,000 of the market value, was received from the victim and received from the victim. The Defendant did not pay the Defendant’s service charges of KRW 300,00 and the service charges of KRW 700,00 of the market value.

Accordingly, the defendant, by deceiving the victim, has acquired a total of KRW 4,000,000 property interest.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Statement to E by the police;

1. Each receipt and on-site photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes to each judgment, personal confinement status, criminal records, and inquiry records;

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

2. The reason for sentencing Article 35 of the Criminal Act, among repeated criminal offenders, the Defendant was sentenced to imprisonment for 6 months as stated in the previous criminal record, and committed fraud again for the same crime even though he was in the period of repeated crime, as stated in the judgment of the court below, on four occasions, that he was provided with the proceeds of drinking, food and entertainment entertainment bars with no intent or ability to pay for the price of drinking, food, entertainment, entertainment, etc.

In addition, the Defendant was sentenced to a punishment of imprisonment with prison labor for one year for committing the same type of crime in the same form as entertainment taverns over 10 times in 2013, and was sentenced to a fine for the same kind of crime before and after it.

The defendant.

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