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(영문) 수원지방법원 2017.08.23 2017고단4374
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 11, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon prison, and completed the execution of the sentence on March 27, 2017 at the Port Correctional Institution.

【Criminal facts】 On June 26, 2017, the Defendant issued an order for alcohol and alcohol to the victim at the “E” restaurant operated by the victim D in Suwon-si, Suwon-si, Suwon-si, Suwon-si on June 19:23, 2017.

However, the defendant did not have any money, so even if he received an alcoholic beverage and a share from the injured party, there was no intention or ability to pay the price.

Nevertheless, the defendant deceivings the victim as above and acquired it through the delivery of 25,000 won in total and 25,000 won in market price from the victim.

On June 22, 2017, the Defendant issued an order for alcohol and food as if he would pay the completion to the victim even though he/she was provided with alcohol and food from the injured party, in the “H” restaurant operated by the injured party G in Suwon-si F at around 07:00 on June 22, 2017, and in fact, even if he/she was provided with alcohol and food from the injured party, he/she did not have the intent or ability to pay the completion cost.

In other words, the Defendant deceiving the victim as above, and was delivered to the victim with 200 won in total at the market price, i.e., KRW 15,00, 200, and 100,000 in the bones.

Summary of Evidence

"2017 Highest 4374"

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. On-site photographs and receipts;

1. Previous records of judgment: Investigation report (report on confirmation of repeated crimes), investigation report (Binding of the previous records and copies of the court rulings), and inquiry into criminal history "2017 Highest 4517";

1. Statement by the defendant in court;

1. A written statement of the G production;

1. A receipt submitted by the victim G, or a photographic of the police officer dispatched to the scene;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same type of repeated crime) statute;

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. Aggravation of repeated crimes;

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