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(영문) 서울서부지방법원 2014.07.23 2014고단1352
사기
Text

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

Reasons

Punishment of the crime

[criminal power] On September 26, 2013, the Defendant was sentenced to one year of suspension of the execution of imprisonment for a crime of fraud at the Seoul Western District Court for six months, and the said judgment became final and conclusive on October 5, 2013, and is currently under the grace period.

【Criminal Facts】

On April 22, 2014, the Defendant: (a) around 01:30, the victim D operated by Eunpyeong-gu Seoul Metropolitan Government, and (b) performed as if he did not have an intent or ability to pay the drinking value, and (c) did not pay the drinking value, and (d) did not pay the drinking value to the victim, and (e) did not pay the said value by ordering the amount equivalent to KRW 13,000 at the market price, such as beer and beer, and (e) did not pay the said value

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act with respect to the relevant criminal facts;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] general fraud category 1 (less than KRW 100 million) and the basic area (not less than six months to one year and six months) (no special person);

2. Determination of sentence of this case is not appropriate to be a crime committed during the period of suspension of execution due to the same criminal act as the crime in this case, and there is a fine of the same nine times and a criminal power of two times of suspension of execution: Provided, That the sentence shall be determined as ordered in consideration of all the conditions of sentencing provided for in Article 51 of the Criminal Act, such as the defendant's age and character and behavior, which are against the defendant and are not large enough to

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