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(영문) 춘천지방법원 강릉지원 2015.04.02 2014고단1086
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to 8 months of imprisonment for fraud in the Suwon District Court's Ansan Branch, and the execution of the sentence was terminated in the Sejong Prison on August 11, 2012.

On November 30, 2014, at around 01:20 on November 30, 2014, the Defendant issued an order for alcohol, etc. to the victim under the “Eju” operated by the victim D in Gangnam-si, Gangnam-si, as if he would pay for alcohol, alcohol, etc.

However, the defendant did not have any intention or ability to pay the amount because of the fact that the debit card in his possession did not have any balance and there was no cash in his possession.

Nevertheless, the Defendant, by deceiving the victim, received property equivalent to KRW 210,000 at the market price from the victim, such as the Commission 1 disease and the Ansan, etc., from the victim.

On November 25, 2014, the Defendant: (a) around 21:30 on November 25, 2014, 2015 was engaged in as if he would pay for alcohol and alcohol, and ordered the victim with alcohol and alcohol.

However, the defendant did not have any intention or ability to pay the price because there is no means of settlement such as cash or credit card.

As such, the Defendant, by deceiving the victim, received from the victim the delivery and beer, etc., and acquired property worth KRW 750,000 in total at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. A statement of receipts and alcoholic value;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (applicable to repeated crimes);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Of concurrent crimes, among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (up to the aggravation of concurrent crimes as stipulated in the crime of fraud on November 25, 2014), such as the recognition of a criminal defendant, and the fact that the defendant has agreed with the victims.

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