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(영문) 부산지방법원 2014.11.19 2014고단5203
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 18, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Busan District Court, and the execution of the sentence was terminated on March 5, 2014.

On May 29, 2014, around 05:20 on May 29, 2014, the Defendant viewed the victim's drinking value as normal payment in E entertainment bars operated by the victim D in Busan Jin-gu, Busan, and ordered drinking and drinking.

However, at the time, the Defendant did not have any means of settlement such as cash and credit card, etc. in which he would pay the drinking value, and there was no intention to pay the drinking value from the beginning.

The Defendant received from the victim the total amount of KRW 1,130,00,000, such as alcoholic beverage and alcohol, and entertainment workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Invoice;

1. Previous records: Application of Acts and subordinate statutes such as criminal records, inquiry reports, and personal identification and confinement records;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The aggravated area (one to two years and six months) (one year) of the aggravated area (one-two years and six months) of all types of general frauds (the scope of recommendations) shall be set forth in the sentencing criteria [the range of recommendations]; and

2. A punishment is imposed beyond the sentencing criteria in consideration of the fact that a majority of punishment was imposed, including imprisonment for the same kind of crime, and a repeated crime was committed during the period of repeated crime and has not been recovered from damage.

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