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(영문) 제주지방법원 2016.01.08 2015고단1533
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year of imprisonment for fraud at the Gwangju District Court on August 26, 2014, and completed the execution of the said sentence at the Jeonju prison on June 26, 2015.

[Criminal Facts]

1. On October 19, 2015, around 03:00, the Defendant: (a) found the victim D’s “E” operated by Seopopo-si C as a customer; and (b) did not have the intent or ability to pay the drinking value even if he/she did so, the Defendant ordered alcoholic beverages and alcoholic beverages as if he/she would pay the drinking value normally.

The Defendant: (a) by deceiving the victim as above; (b) provided the victim with a total of KRW 4,50,000,000, including KRW 3 bottles, KRW 50,000,000, and KRW 450,000,00,000, and KRW 450,000,000; and (c) acquired financial benefits equivalent to the said amount from the victim.

2. On October 19, 2015, the Defendant, at around 18:30 on October 19, 2015, by deceiving the victim G from “H amusement shop” operated by the victim G in Seogpo City F, Seopo-si, and obtained a total of KRW 300,000,00,000 from the “H amusement shop” by deceiving the victim by the said method.

3. On October 23, 2015, the Defendant, at around 23:55, by deceiving the victim by the aforementioned means in the “K dan dan” operated by the Victim J of the I victim J, and acquired a total of KRW 70,000,00 from being provided with an alcoholic beverage at least five concurrently for beer, and obtained pecuniary benefits equivalent to KRW 50,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements prepared by the D and J;

1. Each receipt and related photograph;

1. Investigation report (as to money and valuables possessed by the suspect)

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the date of release, etc.);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The scope of the recommended sentence on the grounds of sentencing Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code for the aggravated concurrent crimes [the range of sentencing guidelines] [the group of fraud crimes, general fraud, type 1 (less than KRW 100 million)].

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