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(영문) 창원지방법원 마산지원 2018.07.18 2018고단485
사기
Text

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

Reasons

Punishment of the crime

On September 24, 2004, the Defendant was sentenced to 12 years of imprisonment with prison labor for murder, etc. at the Daejeon High Court, on January 31, 2007, and on April 8, 2008, to imprisonment with prison labor for the purpose of coercion in the official branch of the Daejeon District Court on April 8, 2008, and on December 30, 2008, the Defendant was sentenced to 6 months of imprisonment with prison labor for the commission of perjury in the Daegu District Court on October 1, 2017, and the execution of the final sentence was completed in the Daegu District Court on October 1, 2017. On March 14, 2018, the Defendant was still serving in the final appeal after being sentenced to one year of imprisonment with prison labor for a crime of fraud, etc. at the Yongsan District Court Branch Branch of Yongsan District on March 14, 20

1. On January 18, 2018, the Defendant: (a) around 02:00, at the “singing shop” operated by the victim D, who had been provided with a entertainment service, the Defendant took the following actions as if he did not have the intent or ability to pay the price even if he was provided with the entertainment service; and (b) received an offer of entertainment and entertainment services equivalent to KRW 460,000, total amount of KRW 460,000 from the seat, namely, from the victim.

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

2. On January 24, 2018, the Defendant, at around 23:40 on January 24, 2018, by deceiving the victim in the same manner as described in paragraph 1 from “singing room” operated by the victim F, F, who is in the Chang-si Mapo-si, Changwon-si, and received the victim’s alcohol and alcohol equivalent to KRW 150,000 in total from the seat, i.e., the victim was provided with entertainment entertainment services.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F or D;

1. Invoice;

1. A report on internal investigation:

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (fact that the period of repeated crime is in progress), and current status of expropriation of individuals;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

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

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.

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