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(영문) 대전지방법원 천안지원 2012.12.28 2012고단1426
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On November 13, 2009, the Defendant was sentenced to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury), etc. at the Daejeon District Court on December 25, 2009, and the execution of the sentence was terminated on December 25, 2009. On August 4, 2010, the Defendant was sentenced to a fine of one million won for fraud in the Daejeon District Court’s Incheon District Court’s Incheon Branch Branch on July 1, 2010, and was sentenced to a fine of three million won for habitual fraud in the Daejeon District Court’s Incheon Branch Branch on July 1, 2010.

【Criminal Facts】

1. On June 25, 2012, around 20:15, the Defendant was provided with alcohol and alcohol equivalent to 35,000 won in total at the market price from the victim D, even though he/she did not have an intention or ability to pay the drinking value at the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul, as if he/she would pay the drinking value.

2. On June 28, 2012, around 01:30 on June 28, 2012, the Defendant was provided with alcohol and alcohol equivalent to KRW 82,000 in total in the market price from the Victim F as if the Defendant had no intent or ability to pay the drinking value in the Seo-gu E Caf, Seo-gu, Seo-gu, Seocheon-gu.

3. On June 28, 2012, around 05:00, the Defendant was provided with alcohol and alcohol equivalent to KRW 175,000 in the aggregate of the market price of the victim H by doing so, even though there was no intention or ability to pay the drinking value at the Seo-gu G alcohol house in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seoul, as if he were to pay the drinking value.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared in D, H, I, and F;

1. Each sales slip and receipt;

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

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. The Defendant asserts that, among concurrent crimes, there was a state of mental disability under the influence of alcohol at the time of committing the instant crime, the Defendant was in a state of mental disability under the influence of alcohol.

However, according to the records, although the defendant was found to have drinking at the time of the crime of this case, the motive and circumstances of the crime of this case, the means and methods of the crime of this case, the behavior of the defendant before and after the crime, and the crime.

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