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(영문) 의정부지방법원 2015.05.29 2015고단997
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On July 5, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for an injury in the Jeonju District Court’s branch branch, and on November 18, 2012, the execution of the sentence was terminated in the Jeonju prison on November 18, 2012. On January 13, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of interference with business, etc., and on March 10, 2015, the Defendant completed the execution of the sentence in the Jungju prison.

【Criminal Facts】

1. At around 19:00 on March 19, 2015, the Defendant ordered the victim with alcohol and alcohol as if the Defendant were to pay for the fact in the victim D’s “E dan” operated by the Council of the Government of the Republic of Korea, even if the victim was provided with alcohol and alcohol, regardless of the victim’s intent or ability to pay the price.

The Defendant, as such, by deceiving the victim, was provided with alcohol and alcohol equivalent to KRW 133,00 at the market price from the victim, that is, from the victim’s seat.

2. On March 21, 2015, around 20:00, the Defendant issued an order for alcohol, alcohol, etc. to the victim as if he would pay the amount, despite having no intent or ability to pay the amount even if he was provided with alcohol and alcohol from the victim.

The Defendant, as such, by deceiving the victim, was provided with alcohol and alcohol equivalent to KRW 279,00 at the market price from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. Each receipt; and

1. Previous records: Application of criminal records, inquiry reports (the details of release and investigation records of suspects A, inquiry into criminal records, confirmation of recent criminal investigation records related to suspects, attachment of criminal cases A related to suspects) and other Acts and subordinate statutes;

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

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

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: The crimes of this case during the period of repeated crimes, and the same crimes.

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