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(영문) 서울중앙지방법원 2018.06.19 2018고단2217
상습사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On March 24, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Western District Court on December 7, 2015, and the execution of the sentence was terminated at the Incheon Western District Court on May 4, 2016. On January 8, 2017, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Western District Court for fraud and completed the execution of the sentence at the said prison on January 8, 2017. On August 17, 2017, the Defendant was sentenced to one year and two months of imprisonment with prison labor at the Seoul Western District Court on March 31, 2018, and was sentenced to 35 times of the same criminal record, including the completion of the execution of the sentence at the Ansan Prison Prison.

[Criminal facts] On April 1, 2018, around 21:30, the Defendant ordered the victim’s “E” in the “E” operation of the victim D, which is located in Jongno-gu Seoul Metropolitan Government Jongno-gu, to order the victim to drink and share alcohol, and demanded female entertainment workers to pay the price normally.

However, the defendant did not have any intention or ability to pay the price normally even if he was provided with alcohol, salutism, etc. from the injured party due to the lack of money at the time.

The Defendant, from the above day to April 2, 2018 from the above day to April 00:30, 2018, received from the damaged party the Doro service (two persons, 60,000 won) and the 25 Croju (5,000 won per illness) and 5 Sroju (30,000 won per one disease) and the 335,000 won in total habitually.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. Receipts:

1. Previous convictions in judgment: A response to inquiries, such as criminal history, and a report on investigation (the current status of personal expropriation);

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 same kind of crimes committed twice in the judgment;

1. Relevant Article 351 of the Criminal Act; Articles 351 and 347 (1) of the Criminal Act; the choice of imprisonment for a crime;

1. Circumstances that are disadvantageous to the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes: The punishment has a lot of records of being punished for the same kind of crime, and the imprisonment is to be imposed for the same crime as indicated in the judgment.

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