(영문) 춘천지방법원 원주지원 2019.10.02 2019고단781

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 원주지원 2019.10.02 2019고단781

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 6, 2018, the Defendant was sentenced to one year of imprisonment for fraud at the Suwon District Court on September 6, 2018, and on June 16, 2019, the Defendant is a person who completed the execution of the sentence in the Ansan Prison.

Criminal facts

At around 05:00 on August 12, 2019, the Defendant committed as if the victim C had paid the normal price within the entertainment tavern 'D' operated by the Defendant, and requested the victim to be present with the victim with the order of alcohol and alcohol and the service of female employees.

However, the defendant did not have money at that time and did not have any means of settlement, so there was no intention or ability to pay the above money.

The Defendant, by deceiving the victim as above, received property equivalent to 260,000 won in total from the victim to be provided with 17 Mariju, Mariju, and female employees company company with the victim, and acquired property profits.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of on-site photographs, receipts, investigation reports, and criminal records-related statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Although the reason for sentencing Article 35 of the Criminal Act, there are favorable circumstances for the defendant, such as the fact that the defendant is able to repent of his mistake in depth, the defendant, including a majority of punishment, has committed the crime of this case within the repeated crime period due to the previous and previous crimes (the defendant committed the crime of this case since two months have not passed since he was released from prison). The crime of this case is not less than the nature and crime of the crime in light of the method and result, etc., and it is not easy to agree with the victim, and other circumstances such as the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, occupation, family relation, health status, etc. are considered as follows.

참조조문

-형법 제35조

-형법 제347조 제1항

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