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(영문) 인천지방법원 2014.11.19 2014고단6817
사기
Text

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

Reasons

Criminal facts

The Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court on March 13, 2012, and was serving the same year in Seoul Southern Prison.

9. On December 9 of the same year, a person was present at the parole and completed the execution of the above sentence on December 9 of the same year.

around 00:00 on July 12, 2014, the Defendant ordered alcohol, alcohol, etc. at the E-place of the operation of the victim D located in Nam-gu Incheon Metropolitan City, Incheon.

However, at the time, the defendant did not have the intention or ability to pay the price even if the victim provided the defendant with the alcohol, the aware, etc.

Nevertheless, the Defendant, as above, by deceiving the victim, was provided with 820,000 won from the victim, namely, i.e., 820,00 won.

around 00:10 on July 2, 2014, the Defendant ordered alcohol, alcohol, and alcohol from the Hju station operated by the Victim G in Y in Seocheon-gu, Seocheon-gu, Seocheon-si.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, was provided with alcohol and alcohol equivalent to the sum of the market value of KRW 2,310,000 from the victim's seat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of I and G;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of written judgments), and personal identification and confinement status;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

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