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(영문) 인천지방법원 2014.07.03 2013고단8395
사기
Text

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

Reasons

Punishment of the crime

On February 19, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and two months of imprisonment for the same crime in the same court on April 17, 2013, and completed the execution of the above punishment on July 15, 2013.

1. On December 18, 2013, the Defendant ordered alcohol and alcohol as if he would pay the amount to E, from the “D’ operated by the victim C in the second floor in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.”

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcoholic beverage and alcohol from the above E.

The Defendant, as above, by deceiving E and being provided with 600,000 won or less at the market price of the victim’s possession from E, that is, the Defendant received from E.

2. At around 23:00 on February 25, 2014, the Defendant: (a) was found in GGain in Dongjak-gu Seoul Metropolitan Government F, and (b) was found to have been provided with alcoholic beverages, etc. at that place; (c) the Defendant was provided with alcoholic beverages, etc. equivalent to KRW 436,00 in the market price of KRW 436,00 from the victim H of the above operator; and (d) acquired such alcoholic beverages, etc. at around 22:0 on May 15, 2014, the Defendant was provided with alcoholic beverages, etc. at the Nam-gu, Incheon Metropolitan Government I, and acquired such alcoholic beverages, etc., despite the lack of the ability to pay the said price normally; and (c) was provided with alcoholic beverages, etc. equivalent to KRW 825,00 in the market price from the employee K of the victim and acquired such alcoholic beverages, etc., regardless of the lack of the ability to pay the price normally.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to K;

1. Each statement of E and H;

1. Each receipt; and

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 facts: Article 347 (1) of the Criminal Act;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Heavy concurrent crimes: The sentencing criteria for the reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act: The basic area among general fraud of less than KRW 100 million, and June through June;

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