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(영문) 의정부지방법원 2017.11.09 2017고단4130
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 18, 2017, the Defendant was sentenced to 8 months of imprisonment for fraud at the District Court for the purpose of fraud, and the execution of the sentence was terminated on August 13, 2017.

On September 9, 2017, the Defendant, “2017 Highest 4130,” was provided with alcoholic beverage value equivalent to KRW 340,00,00 in total from the injured party, on September 21, 2017, when he/she had no intention or ability to pay the drinking value to the “E amusement shop” in the “E amusement shop” operated by the Council of the Government of the Republic of Korea. The Defendant was provided with alcoholic beverage value equivalent to KRW 340,00 in total from the injured party by ordering the injured party’s alcoholic beverage.

On August 28, 2017, 2017, the Defendant: (a) around 21:00 on August 28, 2017, the Defendant was running as if he had no intent or ability to pay the drinking value to the victim G’s “H” entertainment shop located on the first floor of the F building of the Gu government city; (b) would normally pay the drinking value to the victim; and (c) ordered the victim, such as beer and beer, etc.; and (d) changed the so-called “dominator” to the so-called “dominer,” thereby using a singing machine for three hours to drink, and enjoy entertainment.

Accordingly, the defendant, by deceiving the victim, acquired property and property benefits equivalent to 379,000 won in total.

Summary of Evidence

1. Previous convictions in the judgment: References to inquiries, such as criminal history, (A), investigation reports (Attachment to the current status of acceptance by individuals), investigation reports (Attachment to the previous convictions, the final convictions, the final convictions, etc.)".

1. Statement by the defendant in court;

1. Written statements of D;

1. 112 A list of reported cases;

1. On-site photographs and receipts;

1. Photographs of business license certificates;

1. Taking photographs of all the articles in possession of the person under investigation;

1. Investigation report (the suspect's attempt to have telephone conversations and the 112 reporter's telephone report) 2017 Highest 4262;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Business permission and on-site photographs;

1. Receipts:

1. Application of Acts and subordinate statutes notifying departments related to 112 Incident reporting;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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