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(영문) 서울중앙지방법원 2017.10.16 2017고단5670
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On August 12, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. by the Seoul Central District Court, and completed the execution of the sentence in the original prison on June 10, 2016.

[Criminal facts]

1. On August 14, 2017, Defendant 2017, Defendant 5670, placed an order for alcohol, alcohol, etc. on the part of the victim D (61 years of age) of the victim D (61) of the victim D (61 years of age) located in Seoul Franchise, Seoul, as if he would have paid the alcohol value along with four daily drivers, and ordered the victim to do so.

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

Nevertheless, the defendant deceivings the victim as above and provided the victim with alcohol and alcohol equivalent to the market price of 360,000 won.

As above, the Defendant had acquired property benefits by deceiving the victim.

2. On August 7, 2017, Defendant 201, Defendant 2, around 21:00, placed an order for alcohol, alcohol, etc. on the part of the victim G (H) in the Jung-gu Seoul, Jung-gu, Seoul, and the second floor as if he would pay the alcohol value, etc. from the main point of “H”, and ordered the victim to do so.

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

Nevertheless, the defendant deceivings the victim as above and provided the victim with alcohol and alcohol equivalent to the market price of 59,000 won.

As above, the Defendant had acquired property benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Each receipt; and

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

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

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

1. The scope of recommendations made on the grounds of sentencing guidelines in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes.

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