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(영문) 수원지방법원 2016.12.15 2016고단6706
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 25, 2015, the Defendant sentenced the Suwon District Court to six months of imprisonment for fraud, and completed the execution of the sentence on January 7, 2016.

1. On October 18, 2016, the Defendant: (a) around 21:00, at “Ecafeteria” operated by the victim D in Suwon-si, Suwon-si; and (b) at around 21:00, the Defendant took the same attitude that the victim would normally pay the price to the victim even if he/she did not have the intent or ability to pay the price despite having ordered food and alcoholic beverages; and (c) was provided with food and alcoholic beverage equivalent to KRW 65,00,000, total amount of KRW 27,000, and KRW 28,000, the market price of which is calculated by multiplying the amount of KRW 28,00, and KRW 8,000, and KRW 2,000.

2. On October 20, 2016, the Defendant, at around 13:30 on October 20, 2016, by deceiving the victim G from “H restaurant” operated by the victim G in Suwon-si, Suwon-si, in the manner described in paragraph (1), and by deceiving the victim in the manner described in paragraph (1), was provided by the victim with food and alcohol equivalent to the sum of KRW 51,000 in total, including Saturdays, chills, bed, and bed.

3. The Defendant, around 10:00 on October 21, 2016, received food and alcoholic beverages equivalent to KRW 110,000 in total, including the 2-person per share of the flame light in the market value of KRW 38,000, and the 2-person per share of the 38,000 in the market value of KRW 38,00,000, from the victim, by deceiving the victim by the method specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, I, and D;

1. Each receipt; and

1. Previous records of judgment: Application of Acts and subordinate statutes to inquiries, such as results of search of prisoners, criminal records, and criminal records, and to reports on criminal investigations;

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

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Application of the sentencing criteria [the range of recommending punishment] General Fraud (the amount less than KRW 100 million) and the aggravated area (one to two years).

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