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(영문) 창원지방법원 마산지원 2014.03.05 2014고단110
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 6, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of fraud in the Changwon District Court M&D branch on November 6, 2013, and such judgment became final and conclusive on November 14, 2013, and is currently under the period of suspension of execution, and other records of punishment for the same crime were more than 17 times.

1. On January 16, 2014, the Defendant, at around 01:00, was provided with alcohol and alcohol equivalent to 1.60,000 won in total at the market price of the said employee, even if the Defendant was provided with alcohol and alcohol, but did not have the intent or ability to pay the price even after having been provided with the order of alcohol and alcohol.

2. On February 2, 2014, the Defendant: (a) around 22:30, 2014, at H amusement taverns operated by the Victim GF in Gyeongnam-gun, Gyeongnam-gun; (b) even if the Defendant received an order for alcohol and alcohol, he did not have the intent or ability to pay the price; (c) had the same attitude that the Defendant would be able to order alcohol and alcohol and pay the price to the victim; and (d) had been provided with alcohol and alcohol equivalent to 2.80,000 won in total market

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to G and D

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime: Article 347 (1) of the Criminal Act;

1. Aggravation of concurrent crimes: The grounds for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act are against the defendant, although there are many records of criminal punishment for the same kind of crime, the crime of this case was committed before three months have passed since the sentence of suspended execution was rendered due to the same kind of crime, and other circumstances, which are the conditions for sentencing specified in the records of this case, shall be determined as per the disposition.

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