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(영문) 수원지방법원 안양지원 2018.09.11 2018고단837
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On November 18, 2015, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Incheon District Court Branch Branch Branch of the Incheon District Court on April 8, 2016, and the execution of the sentence was terminated. On November 16, 2017, the Seoul Southern District Court sentenced six months of imprisonment for fraud, etc. and completed the execution of the sentence on March 22, 2018.

[2] On May 14, 2018, the Defendant: (a) placed an order with skins and spawns on the part of the Defendant, who had no intent or ability to pay the price even if he/she was provided with, food, etc. at the D restaurant operated by the Victim C in Ansan-gu, Annyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, and ordered the Defendant to pay the price for food.

The defendant deceivings the victim as above and acquired the total amount of KRW 21,00,00 from the victim, that is, the market price of kin and fins, etc. from the victim.

around 13:45 on May 16, 2018, the Defendant ordered the victim to drink and food, while doing so, even though he did not have the intent or ability to pay the cost even if he was provided with alcohol and food, even though he was unable to pay the cost.

The defendant deceivings the victim as above and acquired the total amount of KRW 10,000 from the victim, i.e., the 1st and the 1st and the 1st and the 1st and the 1st and the 1st,000 market price.

Summary of Evidence

【Criminal Records】

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a report on investigation (verification of the period of repeated crime) / [criminal facts] 【2018 Height 837】

1. Statement by the defendant in court;

1. C's written statement "2018 highest 1115";

1. Statement by the defendant in court;

1. Application of the F’s written statements to the victim;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended punishment on the sentencing criteria: One-month imprisonment (the scope of the recommended punishment) to one-year general fraud.

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