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(영문) 제주지방법원 2015.04.17 2015고정9
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal power] On July 2, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Jeju District Court, and the judgment became final and conclusive on July 10, 2014.

【Criminal Facts】

On April 24, 2014, around 01:30, the Defendant entered the Eju, where the victim D (n, 20 years of age) in Jeju City works as an employee, and ordered alcohol and alcohol as if he would pay the alcohol value to the victim.

However, there was no intention or ability to pay the drinking value.

As such, the Defendant: (a) by deceiving the victim; (b) received alcoholic beverages equivalent to KRW 106,00 at the market price, such as beer and beer, from the victim; and (c) did not pay the drinking value; and (d) acquired the pecuniary benefits equivalent to KRW 493,00 in four times from around that time to May 14, 2014, such as the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by D, F, G and H;

1. Previous records: Criminal records, etc. inquiry reports and the application of court rulings or statutes;

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

1. Concurrent Handling and exemption from punishment: In light of the latter part of Article 37 and the former part of Article 39(1) of the Criminal Act [the crimes of this case are concurrent crimes with the crimes of fraud in which judgment becomes final and conclusive, and thus, the mitigation or exemption of punishment should be considered in consideration of the equity with the cases where judgment is rendered simultaneously with the above crimes. Considering the criminal facts of the above crime of fraud for which judgment becomes final and conclusive, its normal relationship, and overall circumstances of the crime of this case (a series of crimes with the same contents as the time and time similar to the time and time of the above fraud was committed, and the date of prosecution of the above crime of fraud for which judgment becomes final and conclusive on May 23, 2014, the date of prosecution of the above crime of this case was a summary indictment for which judgment became final and conclusive on May 20, 2014).

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