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(영문) 서울북부지방법원 2016.11.17 2016고단3844
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 24, 2016, the Defendant was sentenced to six months of imprisonment with prison labor at the District Court for fraud, and completed the execution of the said punishment on July 29, 2016.

1. On September 3, 2016, the Defendant, at around 18:10 on September 3, 2016, acted as if he would pay the amount, at the “E” point operated by the victim D (year 40) located in Jung-gu Seoul Metropolitan Government, ordered the victim to provide alcohol and alcohol.

However, the defendant did not have any intention or ability to pay the price even if he takes alcohol and he knows.

The Defendant, as above, deceiving the victim and deceiving him from the victim, namely, 11,00 won at the market price, 1,000, 1, and 1,000.

One was provided.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 4, 2016, the Defendant, at around 00:30, committed an act as if he would pay the amount at the “H” point operated by the victim G (the age of 46) located in the Jung-gu Seoul Metropolitan Government F, ordered the victim to drink and alcohol.

However, the defendant did not have any intention or ability to pay the price even if he takes alcohol and he knows.

The Defendant, as above, by deceiving the victim, was provided from the victim with 5 Macju equivalent to the market price of 110,000, i.e., 5 Macju, Macju, and Macju.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Invoice;

1. Receipts:

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect and repeated crimes), copies of judgment, and application of Acts and subordinate statutes to the acceptance status of individuals;

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. Among concurrent offenders, the criteria for sentencing the reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of recommending punishment] is the same as the aggravated area (1 to 2 years and 6 months) of the type of general fraud (1 to 100 million won).

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