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(영문) 청주지방법원 2018.02.20 2017고단2811
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 10, 2017, the Defendant was sentenced to six months of imprisonment for fraud in the Incheon District Court's Vice-Support on February 10, 2017, and on July 6, 2017, the same 31 times of the past record, such as the termination of the enforcement of the sentence in the Incheon Detention House.

Criminal facts

1. On September 16, 2017, the Defendant: (a) around 23:00, at the “E” drinking house of the victim C’s operation, the Defendant issued an order for food; (b) even if the Defendant did not have any money owned in the “E” drinking house of the Cheong-gu, Seo-gu, Seo-gu, Seo-si; (c) was engaged in as if the Defendant would have paid the amount of food to the victim despite having no intent or ability to pay the price; and (d) ordered food to the victim; and (c) the Defendant received 42,00 won of the market price from the victim; and (d) was provided with a 42,00 Sick, Sick, and Sick 3 C

2. On November 7, 2017, at around 20:30, the Defendant: (a) ordered food and alcohol as if he/she did not have any money that he/she had at the “H” drinking house of the victim F’s operation in Gangdong-gu Seoul Metropolitan Government; or (b) as if he/she would have paid to the victim even if he/she applied for singing on the broadband, even if he/she did not have an intent or ability to pay the price; and (c) he/she did not receive payment from the victim of the damage with the amount equivalent to KRW 235,00 of the market price of KRW 235,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of C and F;

1. Each receipt; and

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of criminal history of the same kind of suspect);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Although there may be room to view that the injury on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act may be relatively small. However, the same type of crime is repeated, and the same type of crime is also identical within the short time after release.

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