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(영문) 춘천지방법원 원주지원 2020.01.08 2019고단1372
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 4, 2017, the Defendant of criminal records was sentenced to a suspended sentence of two years for a period of eight months to be sentenced to imprisonment for fraud, etc. at the Jung-gu District Court on August 4, 2017, but the judgment became final and conclusive. However, on February 9, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime in the Goyang Branch Branch of the Jung-gu District Court on February 9, 2018, and on May 11, 2018, the said suspended sentence becomes void and the said judgment became final and conclusive on March 17, 2019.

Criminal facts

1. Around October 29, 2019, the Defendant entered the “D store phase” of the operation of the Victim C in 15:30 on October 29, 2019, the Defendant: (a) as if he did not have any money or any other means of payment under water and did not intend or have any other means of payment; (b) as if he would pay the amount normally to the victim; and (c) the Defendant received from the victim food and alcohol equivalent to KRW 26,00,000 in total, including 1mal, 26,000, 1, and 1,000.

2. On November 15, 2019, around 22:00 on November 15, 2019, the Defendant entered the “G” for the operation of the victim FF in Haju-si, Won-si, as if he did not have money or any other means of settlement and did not have an intent or ability to pay the price, and as if he did not have an intent or ability to pay the price, he would normally pay the price to the victim. The Defendant issued an order for alcohol and an alcoholic beverage, and the Defendant received from the victim food and alcoholic beverage equivalent to KRW 73,00 at the market price, such as two-person payment for swine, three-person payment for Swink, three-person payment for Swink, and two-way disease

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Application of relevant photographs, respective receipts, investigation reports, and criminal records-related statutes;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Of concurrent crimes, there are circumstances favorable to the defendant, such as the fact that the total amount of damage for the reason of sentencing is minor and the defendant has divided his/her mistake in depth. However, there are circumstances favorable to the defendant.

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