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(영문) 서울북부지방법원 2018.04.06 2017고단5772
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On June 10, 2016, the Defendant was sentenced to a stay of execution on the 18th day of the same month, which was sentenced to a stay of execution on the 4-month imprisonment for fraud, in the public order branch of the Daejeon District Court, and the judgment became final and conclusive on the

[Criminal facts]

1. On June 9, 2017, the Defendant: (a) around 22:20, at the D main points operated by the Victim C, the victim C, who was in his/her own city B, conducted as if he/she would pay the drinking value without any intent or ability to pay the drinking value; and (b) ordered the victim to pay the drinking value.

The Defendant, as above, by deceiving the victim and deceiving the victim, obtained the victim with a total of KRW 22,00,00, such as 1 bottle, drinking water 1 bottle, roasting roasting, roasting, roasting, roasting, roasting, etc., which is owned by the victim.

2. On June 13, 2017, the Defendant: (a) around 19:09, in G restaurants operated by the Victim F, the victim F, who is the Government-Si, was engaged in the conduct as if the Defendant would pay the drinking value without the intent or ability to pay the drinking value; and (b) ordered the victim to pay the drinking value.

피고 인은 위와 같이 피해자를 기망하여 이에 속은 피해 자로부터 피해자 소유인 짬뽕 1개, 소주 1 병, 콜라 1 병 등 합계 13,500원 상당의 술과 안주를 제공받아 편취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Receipt for each restaurant;

1. All on-site photographs;

1. Previous convictions: Application of inquiry letter, investigation report, and statutes, such as criminal history;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes [the scope of recommending punishment] does not exist in the basic area (from June to one year and six months) [the person who is subject to special sentencing] [the decision of sentencing] [the fact that the defendant recognized the crime of this case], the fact that the amount of damage is a relatively small amount of damage is a relatively small amount of crime in favor of the defendant, there has been several years of punishment for the same kind of crime.

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