logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2020.04.22 2020고단50
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 19, 2019, the Defendant was sentenced to eight months of imprisonment for fraud in the Jinwon District Court’s Jinju branch, and completed the execution of the sentence in the Common Detention House on October 15, 2019.

【Criminal Facts】

1. Around February 23:10, 2020, the Defendant issued an order for drinking and food as if he would pay the price despite having no intent or ability to pay the drinking value. The Defendant received food equivalent to KRW 30,000 of the market value of beer and beer and did not pay the price. The Defendant received food equivalent to KRW 30,000 of the total market value of beer and beer.

2. Around 02:05 on February 24, 2020, the Defendant against the victim E was engaged in “G” entertainment tavern operated by the victim E in Chang-gun, Chungcheongnam-gun, with no intent or ability to pay the drinking value, and it was committed as if he would pay the said value, and it did not pay the said value to the victim’s proprietary benefits equivalent to KRW 150,000,000, as the Defendant did not pay the said value, even if the victim used the entertainment source service equivalent to KRW 150,000,000, which is equivalent to KRW 185,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Receipts:

1. Previous convictions indicated in judgment: Application of criminal history records, reply reports (A) and Acts and subordinate statutes to criminal investigation reports (verification during the period of repeated crimes of suspects);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences under law: One to thirty years of imprisonment;

2. Extent of recommendations according to the sentencing guidelines [decision of types]: General Fraud [Type 1] below KRW 100 million (Special Aggravationd Persons]: In terms of reduction factors, amount of punishment, increased factors: Basic area of the same repeated offense [the area of recommendations and the scope of recommendations], and six months to six months of imprisonment.

3. Sentence;

arrow