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(영문) 광주지방법원 목포지원 2017.08.17 2017고단698
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 15, 2014, the Defendant was sentenced to imprisonment with prison labor of one year and two months for fraud at the Suwon Friwon, and completed the execution of the sentence on January 6, 2015.

[Criminal facts]

1. On June 15, 2017, around 22:00, the Defendant: (a) committed an act as if he did not have the intent or ability to pay the purchase price of “E”, alcoholic beverages, etc., operated by the victim D, which is located in C, and (b) ordered the victim to pay the purchase price, and (c) ordered the victim to pay the purchase price, such as 4 C C, C, and 1 C, which is the victim’s 4 C, C, C, and 40,000 won in total from the victim’s market price.

"2017 Highest 701"

2. On May 25, 2017, the Defendant: (a) placed in the “H” main point operated by the Victim G in F at F at Mapopopoon on May 2017; (b) placed in the place of an order of alcohol and he/she as if he/she did not have any intent or ability to pay the price; and (c) was provided from the injured party, i.e., the amount equivalent to KRW 40,00,000, i.e., she was provided from

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

Summary of Evidence

[2017 Highest 698]

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. Records of crime: A reply to inquiry, such as criminal history, report on investigation (verification of the history of a criminal suspect repeated crime), text of judgment, and current status of acceptance by each individual (2017 order 701);

1. Statement by the defendant in court;

1. G statements;

1. Application of a drinking value receipt, on-site photographing statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are confessions and reflects the instant crime, and the amount obtained by deceit is the small amount.

However, the defendant had a record of criminal punishment over several times due to the same crime, even though he/she committed the same crime as in the judgment, and repeated the crime of this case during the period of repeated crime, and did not agree with the victims.

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