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(영문) 청주지방법원 2017.01.20 2016고단2723
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 10, 2015, the Defendant was sentenced to one year of imprisonment for fraud at the Cheongju District Court, and the execution of the sentence was completed in the Daejeon Prison on January 8, 2016.

[2016 Highest 2723] On November 24, 2016, the Defendant received food equivalent to KRW 21,000 from the victim by deceiving the owner of the business, even though he/she did not have an ability or intent to pay the value of food, as there is no money in a "D" restaurant located in a substantial area of Cheongju-si, Cheongju-si, Cheongju-si.

[2016 Highest 2911] On November 29, 2016, the Defendant: (a) had the same attitude to pay the amount to the victim despite having no intention or ability to pay the amount to pay the amount to the victim despite of the lack of money; (b) had been provided with 3 Ch in the Cheong-gu Scamb and Scam.

The Defendant, as seen above, was provided with alcohol and food equivalent to KRW 71,00 in total five times from around that time to December 15:30, 2016, including the fact that the Defendant, by deceiving the victim and was provided with alcohol and food equivalent to the market value of KRW 18,00,000 from the victim.

Summary of Evidence

[2016 Highest 2723]

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement by the police in relation to E (2016 senior group 2911);

1. Statement by the defendant in court;

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

1. Each police statement made to G, I, and J;

1. K's self-written statement;

1. Arrest report and receipt of each case (the previous record of judgment);

1. Application of a reply to inquiry, such as criminal history, investigation report (a copy of a written judgment on the same type of crime, a copy of indictment, search data in the Supreme Courtb, and file of confirmation of a reading room);

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

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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