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(영문) 서울중앙지방법원 2017.08.24 2017고단4550
상습사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On November 28, 2016, the Defendant was sentenced to one year to be habitually guilty in committing a crime, and on May 20, 2017, the Defendant was sentenced to nine times punishment for the same crime, including the completion of the execution of the sentence in a prison of the Government on May 20, 2017.

1. On May 27, 2017, around 19:20 on May 27, 2017, the Defendant: (a) committed an act as if the Defendant had no intent or ability to pay the drinking value, etc. in the “E” entertainment shop operated by the victim D in Gangnam-gu Seoul Metropolitan Government; and (b) requested the victim to place an order for alcohol and alcohol with the victim and to provide entertainment workers.

The Defendant did not pay the amount of money to the Defendant, even though he was provided with three sick workers with the total amount of KRW 1,560,000 from the injured party, two neighboring cities, and two entertainment workers.

2. On June 21, 2017, around 23:25, the Defendant: (a) performed as if he did not have the intent or ability to pay the alcohol value, etc., at the “H” entertainment shop operated by the victim G in Jung-gu Seoul Metropolitan Government F; (b) ordered the victim to provide alcohol and alcohol, and requested the victim to provide entertainment workers.

The Defendant did not pay the consideration to the Defendant, even though the Defendant was provided with 2 sick workers and 3 times a total amount of 710,000 won from the injured party, and the Defendant was provided with entertainment workers services.

In this regard, the defendant deceivings victims habitually, and acquired a total of KRW 2,270,000 on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Each receipt; and

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, and a report on investigation (a confirmation of the records of automatic criminal history of the person under investigation);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 351 and 347 (1) of the Criminal Act concerning the selection of punishment (Optional to imprisonment);

1. The Criminal Act for aggravated repeated crimes.

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