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(영문) 서울서부지방법원 2015.03.24 2014고단3478
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 11, 2014, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the District Court, and completed the execution of the said sentence on August 21, 2014.

around November 20, 2014, the Defendant: (a) around 20:30 on November 4, 2014, the Defendant provided alcohol, alcohol, etc. at the “E” entertainment drinking club operated by the victim D in Eunpyeong-gu Seoul Metropolitan City (C). The Defendant acted as if he would pay the price, and ordered the victim to provide alcohol and alcohol.

However, there was no intention or ability to pay the price even if the victim was provided with alcohol, speech, etc.

As such, the Defendant deceptioned the victim and obtained a total of 650,000 won from the victim, such as alcohol and know-how.

On November 3, 2014, the Defendant: (a) around 23:30 on November 3, 2014, “2015 Highest 249” was aware of the fact at the “H point” of the Victim G management in Suwon-si F, Suwon-si, despite having no intention or ability to pay the price even if he/she was provided with alcoholic beverages, he/she is engaged in the act as if he/she would pay the price; and (b) he/she received an alcoholic beverage equivalent to KRW 15,00 in total at the market price from the victim and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. Statement of each police statement related to D and G;

1. Summary receipt and receipt;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of related data, such as the current status of sentence A for the last three years, court rulings, etc.) and application of Acts and subordinate statutes on the status of personal identification;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 (Aggravation of concurrent crimes with the punishment stipulated in the crime of fraud against D with heavy crimes) of the Criminal Act among concurrent crimes is that the defendant has a record of criminal punishment more than twice for the same crime as the crime of this case, and the execution of the punishment after being sentenced for the same crime is completed.

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