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(영문) 수원지방법원 안양지원 2017.11.16 2017고단1408
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On September 3, 2015, the Defendant was sentenced to one year of imprisonment for habitual fraud at the Suwon Giwon, and the execution of the said sentence was completed on February 10, 2016 at the Giju prison.

[2] On August 15, 2017, the Defendant: (a) from around 20:30 on August 15, 2017 to around 03:00 of the same month, the Defendant: (b) was provided with the “E” operated by the victim D located in C during the period from around 20:30 on August 15, 2017 to around 03:00 on June 16, 201; and (c) even if the Defendant was provided with alcoholic beverages and liquors from the said victim, the Defendant was provided with 40,000,000,000 won of the market price of the damaged person as if he were to pay the amount.

Accordingly, the defendant was given property by deceiving the victim.

On August 12, 2017, the Defendant: (a) from around 21:00 to around 02:40 of the following day from around August 13, 2017, the first place of the trade name “H” operated by the victim G on the top of the Fth of Sinpo City F from around 00 to around 13:0 of the following day; (b) the fact follows as if the Defendant would normally pay the amount despite the fact that the Defendant had no intent or ability to pay the said amount even if he/she was provided with alcoholic beverages and the owner of the relevant goods; (c) the Defendant was provided with the said amount of money to be paid to the victim; and (d) the Defendant was provided with 150,000 won in total by singing and singing and singing services.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the same records of the suspect and the period of repeated crime);

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

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

1. The circumstances that are favorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes: The unfavorable circumstances reflect: The defendant has a lot of records of punishment, such as being sentenced several times for the same kind of crime, and the repeated crime is committed during the period.

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