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(영문) 의정부지방법원 고양지원 2014.10.16 2013고단2262
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

1. The Defendant, around 01:00 on December 6, 2013, 2013, issued orders for food to the victim as if he/she had no intent or ability to pay the food cost, and received orders for food from the victim, she acquired the king 1,000 won of 1,000 won of king and 1,000 won of king.

2. The Defendant, around 02:00 on December 26, 2013, issued orders for food as if he/she had no intent or ability to pay the food cost, in a restaurant operated by the Victim G, and issued orders for food, and he/she acquired the 1studs of sugar and 1 disease of 10,000 won (total market price of 10,000 won) from the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes of D and I

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes;

2. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is that the Defendant committed the instant crime even though he/she had been already punished more than 20 times during the period of so-called “unauthorized” fraud, etc., which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the facts charged in the instant case and the amount of damage is not high is an element of sentencing favorable to the defendant.

Furthermore, the sentencing data, such as the age, character, environment, and criminal record of the defendant, were taken into consideration equally.

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