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(영문) 대구지방법원 2016.04.19 2015고단6238
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On April 24, 2015, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Daegu District Court on May 13, 2015, and the execution of the sentence was terminated at the Daegu Detention House on May 13, 2015. On December 22, 2015, the same court was sentenced to ten months of imprisonment for fraud, etc. and the judgment became final and conclusive on the 30th of the same month.

On October 30, 2015, around 21:40, the Defendant ordered alcohol and alcohol as if he would pay the normal drinking value, etc. in E operated by the victim D in Daegu Dong-gu, Daegu-gu.

However, the defendant did not have any specific property or income, and there was no cash possessed by him, so there was no intention or ability to pay the price even after being provided with alcohol, alcohol, etc. from the injured person.

The Defendant was provided with food equivalent to KRW 125,00,00, in total, from the injured party, 9 bottles and 1 Analju.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, and application of each investigation report (No. 5, 6) statute;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the first sentence of December 30, 2015 shall be taken into consideration the equity between the crime committed before and after the judgment became final and the crime of this case simultaneously)

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