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(영문) 부산지방법원서부지원 2020.11.18 2020고단1680
사기등
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On June 21, 2019, the Defendant sentenced ten months to imprisonment for fraud at the Busan District Court, and completed the execution of the sentence on August 17, 2019.

1. Fraud;

A. On October 15, 2019, the Defendant obtained approximately KRW 400,00 by failing to pay the price despite having no intention or ability to pay the drinking value in the “Duding room” operated by the victim C (Nam and 60 years of age) located in Busan Jung-gu, Busan. The Defendant ordered the victim to provide entertainment services, and by failing to pay the price despite having been provided with entertainment services, the Defendant acquired property benefits equivalent to KRW 400,000,000.

B. On January 25, 2020, the Defendant: (a) around 00:27, 2020, there was no intention or ability to pay the drinking value in the G Singing-1 room operated by the Plaintiff E and the Victim F (the age of 58). The Defendant ordered the victim to pay 80,000 won in total, including the alcohol and the basic musical beverage; and (b) obtained property benefits equivalent to 80,000 won in total due to the failure to pay the said amount.

2. On January 25, 2020, the Defendant violated the Resident Registration Act, after receiving a report from 112 at the place of paragraph 1-b on January 25, 2020, stated personal information on the police officers dispatched to the site, and used H’s resident registration number in a friendly manner by denying H’s resident registration number.

Summary of Evidence

1. Statement of the police statement of the defendant C in court;

1. Official notices requesting the preparation of a summary judgment case, and previous records on the judgment of the victim's receipt: The application of criminal records, reply reports, and the result of the prisoner's search shall be made;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Resident Registration Act, Article 37 Subparag. 10 of the Resident Registration Act (the point of unlawful use of resident registration numbers), and the choice of imprisonment for each type of crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows: (a) even though the defendant was sentenced several times of punishment for the same kind of crime, the nature of each criminal act as stated in the judgment is not good.

The case is also related to the defendant.

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