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(영문) 서울중앙지방법원 2018.04.26 2018고단1493
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On December 14, 2017, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Eastern District Court on February 22, 2018, and completed the execution of the sentence in the Seoul East Eastern Detention Center.

[Criminal facts]

1. On March 3, 2018, around 10:30 on March 3, 2018, the Defendant issued an order for alcohol and alcohol, etc. as if the Defendant showed the head of the passbook and the body card and calculated the drinking value, even though the Defendant did not have any balance on the head of the Tong in his/her possession and did not have an intent or ability to pay the drinking value normally.

Ultimately, the Defendant, as seen above, by deceiving the victim as above, received 3 sick workers with a total of 960,000 won from the victim, namely, the contact with the victim, and the entertainment workers.

Accordingly, the defendant acquired property and property benefits by deceiving the victim.

2. Around 15:20 on the same day, the Defendant: (a) was required by the above-mentioned victim from the heading room 202 above the second floor above the Arash underground; (b) was in a singinging monitor by extracting the A-self microphone; and (c) was placed in a singing monitor; and (d) was ice into a ice.

Accordingly, the defendant damaged the victim's musical monitoring and microphones to the sum of 700,000 won for repairing and replacing costs.

3. The Defendant, at the time and place specified in paragraph 2, assaulted four times on the victim’s left side by demanding calculation from the victim D (29 years) at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs, receipts, and estimates of damage;

1. Previous convictions: Inquiries about criminal history, investigation reports (verification of whether a repeated crime is repeated), three copies of the judgment, and the application of Acts and subordinate statutes proving the expropriation by individual;

1. Relevant Article 347(1) of the Criminal Act (the point of fraud), Article 366 of the Criminal Act (the point of damage to property), Article 260(1) of the Criminal Act (the point of assault) and the choice of imprisonment for a crime;

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

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