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(영문) 수원지방법원 안산지원 2016.05.20 2016고단554
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to one year of a suspended sentence in two months of imprisonment with prison labor in the assistance in Ansan of the method of Suwon, and such sentence became final and conclusive on December 5, 2015, and has no occupation for a person currently under such a suspended sentence.

1. On January 29, 2016, the Defendant issued an order for food, etc., as if he did not have any intent or ability to calculate the order even if he/she received an order for alcohol and food, and received 3 residues from the injured party 18,000 won in total in the market price. The Defendant issued an order for food, etc. on January 29, 2016.

2. On March 4, 2016, the Defendant: (a) around 02:00 on March 4, 2016, at the “H” restaurant operated by the Victim G G in Ansan-si, the Defendant ordered food, etc.; and (b) at around 02:00, the Defendant ordered food, etc. as if he did not have any intent or ability to calculate even if ordering alcohol and food; and (c) was provided with 11,000 won in total from the damaged person’s market price and 1 bottle.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of each receipt statute;

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

1. The Defendant, prior to the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, has been punished several times as a crime of fraud due to the use of an unregistered type of crime even before the sentencing of concurrent crimes.

The crime of this case was committed during the suspension period of the execution of the same crime.

Among them, the same crime was committed and punished by a fine.

It is necessary to make strict penalties.

However, the amount of damage is not so significant.

In addition, all the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered by considering the following factors.

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