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(영문) 청주지방법원 충주지원 2013.03.22 2013고단62
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 13, 2011, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Chungcheong District Court Assistance, and on November 10, 2012, the Defendant completed the enforcement of the sentence in the Ansan Prison on November 10, 2012.

1. Around 22:00 on December 3, 2012, the Defendant, against the victim C, committed an act as if he would pay the alcohol value at the “Eju store” of the victim C’s operation in Chungcheongnam-si, Chungcheongju, and ordered alcohol and alcohol.

However, in fact, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, algorith, etc. in a state without money.

After all, the Defendant, as seen above, was accused of the victim, and was issued by the victim with alcohol and alcohol equivalent to KRW 180,000.

2. Around December 4, 2012, the Defendant against the Victim F was engaged in as if he would pay the alcohol value at the “H point” of the victim F’s operation in Chungcheongnam-si, Chungcheongnam-si, and ordered alcohol and alcohol.

However, in fact, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, algorith, etc. in a state without money.

After all, the Defendant, as seen above, was accused of the victim, and received from the victim an alcoholic beverage and an alcoholic beverage amounting to KRW 3.10,000.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of C and F;

1. Each receipt; and

1. Previous records: Criminal records and investigation reports (verification of the last day of the execution of punishment, and application of Acts and subordinate statutes concerning the same criminal records and file of judgment);

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. From among concurrent crimes, the circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: The defendant has committed the crime of this case again because he has not completed the execution of imprisonment for the same criminal records but has not passed since he had completed the execution of imprisonment for the same criminal records; and the defendant has approximately twenty criminal records and more favorable circumstances: the defendant has agreed with the victims.

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