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(영문) 춘천지방법원 강릉지원 2020.05.07 2020고단184
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On January 26, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor for habitual fraud, etc. in the wooden Branch of the Gwangju District Court, on May 12, 2018, and completed the execution of the sentence in the Jung-Eup Prison on August 7, 2018. On August 7, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud in the Jinwon District Court’s Jinju Branch Branch, and completed the execution of the sentence in the Changju Prison on April 5, 2019. On June 25, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for habitual fraud in the Daegu District Court’s Ansan Branch of the Daegu District Court as of December 31, 2019.

On February 7, 2020, the Defendant was sentenced to imprisonment with prison labor for 10 months in the Chuncheon District Court's Gangseo branch court, and appealed, and is still pending in the appellate court's trial.

【Criminal Facts】

At around 21:40 on January 3, 2020, the Defendant was provided with entertainment entertainment services equivalent to the total market value of KRW 225,000,000 in total, on the following grounds: (a) around 21:40 on the part of the Defendant: (b) at the “J” main point operated by the Defendant I, the Defendant, even if he did not have the intent or ability to pay the price even if he orders food and service; and (c) at the request of the Defendant, the Defendant would like to pay the price even if he orders food and service; and (d) ordered the victim to provide one person engaged in entertainment services; and (e) requested the victim to provide one person engaged in entertainment services.

The Defendant, by deceiving the victim as above, received property equivalent to the total market value of KRW 225,00 from the victim, and acquired property profits equivalent to the total market value of KRW 60,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Receipts:

1. On-site photographs;

1. Previous records of judgment: Criminal history records, investigation reports (the review of repeated crimes and pending cases in an appellate trial before and during the current appellate trial), judgment, and application of Acts and subordinate statutes to the current status of acceptance by individuals;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to twenty years;

2. The scope of recommendations according to the sentencing criteria; and

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