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(영문) 수원지방법원 성남지원 2015.07.09 2015고단911
상습사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On September 18, 2014, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Jeonju District Court. On March 25, 2015, the military prison completed the execution of the sentence.

【Criminal Facts】

1. On July 29, 2014, around 23:00, the Defendant ordered food equivalent to KRW 80,000,000 in total, including 10 bottles, and 10,000,00,000, when, as if he were to pay the amount of food to the victim at the “E” station operated by the victim D located in Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City.

However, even though the defendant did not have any intent or ability to pay the price even if he was unable to order the food due to the lack of money or credit card payment means during the time, he received food from the victim, such as 10 beer and beer, 1 beer, and so on.

2. On May 22, 2015, the Defendant issued an order for food equivalent to KRW 2.90,000,000,000, in total, including one disease, one week, etc. at a “H” station operated by the victim G located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Gyeonggi-do, and said that the amount will be calculated after eating money as the victim requested to calculate it in advance.

However, even though the defendant did not have any intent or ability to pay the price even if he did not order the food due to the lack of money or credit card payment means during the time, he received food from the victim such as the above 1 disease and the above 1 week.

Accordingly, the defendant was provided property by deceiving victims habitually.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D or G preparation;

1. Each receipt; and

1. Application of statutes on site photographs;

1. Articles 351 and 347(1) of the Criminal Act, the legal principles on the choice of imprisonment and the reasons for sentencing, inclusive, with respect to the relevant legal provisions on criminal facts and the choice of punishment;

1. The first crime committed prior to the completion of a final and conclusive judgment as to whether a repeated crime is committed is a crime, and the second crime committed in the judgment is after the execution of a final and conclusive judgment is completed.

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