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(영문) 수원지방법원 안산지원 2017.05.11 2017고단508
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On April 29, 2016, the defendant was sentenced to six months of imprisonment for a crime of fraud, etc. in the assistance in the cost of water supply and child delivery, and for the same year.

8. 27. The execution of the above punishment was completed.

1. On January 27, 2017, the Defendant issued an order for the “E” book of the victim D’s “E” book located in Ansan-si, Ansan-si, an Ansan-si, and even if having received alcoholic beverages from the victim, etc., the Defendant, despite having no intent or ability to pay the said amount, issued an order for the payment of alcoholic beverages as if they would normally be paid the amount of alcoholic beverages, and the Defendant received the order from the victim and acquired the pecuniary benefits equivalent to the same amount of the said amount.

2. On February 25, 2017, the Defendant: (a) placed the “H” main points of the Victim G management of the victim located in Ansan-si, Ansan-si; and (b) placed an order of the victim to receive alcoholic beverages from the injured party despite having no intent or ability to pay the said amount even if they were to receive alcoholic beverages from the injured party; (c) placed an order of the victim to receive alcoholic beverages as if they would normally pay the amount of alcoholic beverages; and (d) received them from the injured party, and acquired pecuniary benefits equivalent to the same amount.

3. On February 26, 2017, the Defendant ordered the victim I’s “J” main points in the operation of the victim I located in Ansan-si, Ansan-si, the Defendant: (a) despite having no intent or ability to pay the amount even if the victim received alcoholic beverages, etc. from the injured party; (b) despite that the Defendant did not have the intent or ability to pay the said amount, the Defendant ordered the victim to pay the amount of alcoholic beverages normally; and (c) received it from the injured party, and acquired the pecuniary benefits equivalent to the said amount after receiving it from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, G, and I;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of the relevant case and personal confinement status);

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. The aggravated Criminal Act for concurrent crimes.

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