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(영문) 광주지방법원 2013.11.26 2013고단2197
사기
Text

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

Reasons

[Criminal Power] On December 27, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for habitual fraud, etc. at the Daejeon District Court, and completed the execution of the sentence on September 30, 201.

【Criminal Facts】

At around 02:20 on May 3, 2013, the Defendant: (a) did not have any money in the “E (E)” operated by the victim D in Nam-gu Gwangju-gu, Gwangju-gu; and (b) did not have any intent or ability to pay the alcohol value; (c) did so as if he had the ability to pay the alcohol value; and (d) did not receive and pay 30,000 won, including beer, beer, beer, and service charges; and (e) did not pay the said amount, the Defendant acquired financial benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Invoice;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of personal records);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated offenders makes a confession and reflect on the reason for sentencing, and the amount of damage is not much high, but not only has been punished for the same kind of crime but also has committed the crime in this case during the period of repeated crimes of the same kind.

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