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(영문) 인천지방법원 부천지원 2016.04.06 2016고단425
상습사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 10, 2015, the Defendant was sentenced to five months of imprisonment for fraud at the Incheon District Court on September 10, 2015, and on December 3, 2015, the Incheon Detention Center has 38 times the same criminal records in addition to the completion of the enforcement of the sentence.

1. On February 21, 2016, the Defendant sent the same attitude that the victim D should pay the alcohol value to the victim at the “E” restaurant operated by the victim D in Kimpo-si, Kimpo-si, Kimpo-si, and ordered alcohol and food.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol and food from the injured party.

In other words, the Defendant was provided with 3 enlisted and 16,00 won in total at the market price from the damaged party.

2. On March 4, 2016, at around 07:30, the Defendant sent the same attitude to pay the drinking value to I who is an employee of the “H” restaurant operated by the victim G in Kimpo-si F, Kimpo-si. The Defendant ordered alcohol and food.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol and food from the injured party.

The Defendant was provided by the injured party with 13,000 won in total in the market value, namely, 2 sick and net 100 won in the market value.

Accordingly, the defendant was informed of the victims twice habitually and received property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in each police statement with regard to I and D;

1. Statement of each receipt;

1. Previous records of judgment: Each statement of inquiry, such as criminal history, investigation report (verification of the previous records of repeated crimes, filing of criminal records and date of expiration of term of punishment), and each statement of judgment;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Relevant Article 351 of the Criminal Act; Articles 351 and 347 (1) of the Criminal Act; the choice of imprisonment for a crime;

1. Circumstances that are favorable to sentencing under Article 35 of the Criminal Act for aggravated repeated crimes: the defendant has led to the crime of this case.

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