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(영문) 서울동부지방법원 2013.04.09 2012고단2095
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 10, 2010, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Eastern District Court, and the Defendant completed the execution of the sentence on April 15, 2010.

around 00:25 on July 30, 2012, the Defendant ordered the victim D to use the 67,000 won alcoholic, musical, and musical facilities at the E-place operated by the victim D in Songpa-gu Seoul, Songpa-gu, Seoul, the Defendant ordered the victim to use the 67,000 won.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcoholic beverage and alcoholic beverage at the above main point.

Nevertheless, the Defendant, as above, was informed of the victim by deceiving the victim, and was provided by the victim with the service of using 67,00 won, musical, musical, and musical facilities as above.

around 02:00 on January 30, 2013, the Defendant, “2013 Highest 229”, was engaged in as if he would pay the drinking value even though he/she did not have the intent or ability to pay the price, and he/she was provided with the victim with the alcohol amounting to approximately KRW 805,000 in total of the market price, and he/she acquired it by deception.

around 04:00 on December 26, 2012, the Defendant was provided with alcohol and alcohol equivalent to KRW 435,000 in total market value from the victim, as if he did not have any intent or ability to pay the price, at the point of the management of the victim J in Songpa-gu Seoul, Songpa-gu, Seoul, as if he would pay the price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement of G and J;

1. Receipts and respective business registration certificates;

1. Previous records: Application of criminal records, investigation reports (the date of release, confirmation of the date of release and filing of written rulings);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [a] [a decision of imprisonment] fraud.

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