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(영문) 제주지방법원 2015.07.08 2015고단683
사기
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On October 9, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Jeju District Court, and completed the enforcement of the sentence in the Jeju Prison on February 15, 2013.

【Criminal Facts】

1. On July 26, 2014, around 02:30, the Defendant placed an order for alcohol and alcohol in the “E” dan as if the Defendant would pay the victim a normal drinking value, etc. at the victim D’s “E” bar in Jeju Island.

However, the fact did not have the intention or ability to pay the price even if the victim received the alcohol and the communication from the victim.

As above, the Defendant, by deceiving the victim, was provided with alcohol and alcohol equivalent to 150,000 won in total at the market price in the same place.

2. On May 21, 2015, around 02:30 on May 21, 2015, the Defendant placed an order for drinking and drinking alcohol in the “H” entertainment drinking club operation “H” as if the victim would pay the normal drinking value, etc. to the victim.

However, the fact did not have the intention or ability to pay the price even if the victim received the alcohol and the communication from the victim.

As above, the Defendant, by deceiving the victim, was provided with alcohol and alcohol equivalent to the total market value of KRW 400,000 in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D or G preparation;

1. 112 case settlement table;

1. Each receipt; and

1. On-site photographs;

1. Previous records: Application of Acts and subordinate statutes on criminal records, investigation reports (the attachment of written judgments and confirmation of the date of release), individual identification and confinement status;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the reasons for sentencing in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: the scope of recommended sentence [the scope of punishment [the crime group, general fraud, type 1 (less than KRW 100 million), the aggravated area, one year to two years] and the conditions favorable to the sentence as ordered in consideration of the following circumstances:

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