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(영문) 서울동부지방법원 2015.04.09 2014고단3864
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On December 20, 201, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court on December 20, 201, and completed the execution of the above punishment on June 4, 2012.

【Criminal Facts】

1. On September 21, 2014, around 00:00 on September 21, 2014, the criminal defendant against the victim C showed the same attitude that he/she would pay the amount at the restaurant with the trade name "E" operated by the victim C in Gangdong-gu Seoul Metropolitan Government, and ordered the victim to provide alcohol and alcohol, but the fact did not have any intention or ability to pay the amount.

The Defendant received from the victim the amount of KRW 50,000 from the victim, namely, the amount of KRW 50,00.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 29, 2014, around 23:00 on September 29, 2014, the criminal defendant against the victim F had the same attitude to pay the price at the restaurant with the trade name “H” operated by the victim F in Gangdong-gu Seoul Metropolitan Government, and the victim ordered the alcohol and the alcohol, but the fact did not have the intent or ability to pay the price.

The Defendant received from the victim the amount of KRW 37,00 from the victim, namely, the amount of KRW 37,00.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A protocol of suspect examination of the police officer regarding I;

1. Statement to C by the police;

1. A written statement;

1. Previous convictions indicated in the judgment: The results of confirmation of previous convictions and the application of Acts and subordinate statutes to the confinement status of individuals;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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, which aggravated concurrent crimes;

1. The sentencing guidelines [the range of recommendations] in the case where a person intentionally commits the act of deception in the mitigated area (one month to one year) (special mitigation) in the reduction area (one year to one year), or the case where the degree of deception is weak.

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