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(영문) 서울남부지방법원 2018.12.06 2018고단5418
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year’s imprisonment for fraud at the Seoul Central District Court on February 2, 2017, and completed the execution of the sentence at Anyang Prison on December 12, 2017.

【Criminal facts” around October 18, 2018, around 18:30, the Defendant entered the main place of “E” operated by the victim D of the victim D on the 1st underground floor in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, as if he would normally pay the drinking value, etc., and ordered the drinking and the alcohol to his employees as if he would normally pay the drinking value, etc., and the Defendant was provided two weeks of both weeks in total amounting to 480,000 won from the damaged person.

However, in fact, the Defendant did not have cash at the time, and the balance of the physical card was not adequate enough to pay the alcohol value, so there was no intention or ability to pay the price even if he was provided with alcohol and alcohol as above.

After all, the Defendant, as seen above, got the victim from deceiving him, and was provided the victim with the two weeks of the total amount of KRW 480,000, the market price of which is the victim’s possession at the seat.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. Previous convictions: Inquiry about criminal history, results of screening prisoners, and application of the text of the judgment;

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

1. The circumstances favorable to the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes: The defendant is against the recognition of the crime of this case.

D. Unfavorable circumstances: The defendant committed the crime of this case, even though he was sentenced to one year of imprisonment due to fraud, and was sentenced to one year of repeated crime, the defendant committed the crime of this case and did not recover the damage to the victim.

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