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(영문) 대전지방법원 2014.02.13 2013고단4720
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On January 25, 2013, the Defendant was sentenced to one year of imprisonment for fraud in the Suwon District Court’s Ansan Branch, and completed the execution of the sentence on November 20, 2013.

[2013 Highest 4720] Although the Defendant did not have an intent or ability to pay the drinking value, etc. even when he/she takes the disposition of alcohol, the Defendant ordered the alcohol and the alcohol as if he/she would normally pay the drinking value from around 03:30 of December 3, 2013 to around 06:10 of the same day, and acquired the pecuniary benefits equivalent to KRW 540,000 in total of the market price by being provided with the three branches of alcohol and the alcohol from the victim to the victim in Daejeon-gu, Daejeon-gu from around 03:30 of December 3, 2013.

[2013 Highest 4780] Although the Defendant did not have the intent or ability to pay the drinking value, etc. even when he/she takes a drinking order, the Defendant ordered drinking and drinking alcohol as if he/she would normally pay the drinking value, etc. from the “Gnonoace” of the 3th floor of Daejeon-gu, Daejeon-gu, Seoul, and the 3rd floor, and obtained economic benefits equivalent to the said amount by being provided by the victim with the total amount of KRW 690,00,000, such as the three branches of alcohol and the three branches of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

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. Sentencing factors that are disadvantageous to the reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent offenders: The continuous punishment of the same crime has been repeatedly committed since 2008 (three times the actual punishment, two times the suspended execution, and two times the fine), and the sentencing factors favorable to recidivism during the period of repeated crimes: The number of times the crime is too minor and the amount obtained by deception is not so big;

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