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(영문) 서울북부지방법원 2017.09.28 2017고단3379
사기
Text

The punishment of defendants shall be six months.

Reasons

Punishment of the crime

On November 26, 2014, the Defendant was sentenced to 2 months of imprisonment and 2 years and 8 months of imprisonment for fraud, etc. at the District Court, and completed the execution of the sentence on March 14, 2017.

On August 12, 2017, around 22:45, the Defendant ordered beer, beer, and beer, etc. as if they were able to pay a normal drinking value at the “E” entertainment drinking point operated by D in Gangnam-gu Seoul Metropolitan Government, Seoul.

D, with knowledge that the defendant would pay the drinking value, provided the aggregate of KRW 1,086,00,00, such as 30 Cerriju, 3 Cerriju, and 1,086,00.

However, the Defendant did not have any other means of payment or property, such as credit cards, in addition to cash 60,000 won, and did not have an intention or ability to pay a normal drinking value.

The defendant, by deceiving the victim D, obtained pecuniary benefits of 1,086,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant or F;

1. Statement made by the police against D;

1. Criminal history: Application of Acts and subordinate statutes, such as inquiry letter, personal acceptance status, and judgment text;

1. Article 347 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

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

1. Recommendation type of sentencing criteria: One year from a month of imprisonment;

2. Decision of punishment: to recognize errors;

It is often punished for fraud by not paying money in restaurants, etc., and there are many other criminal experiences.

Although victims do not want punishment, it is necessary to punish them continuously because they continue to commit crimes.

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