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(영문) 수원지방법원 평택지원 2018.07.13 2018고단865
사기
Text

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

Reasons

Punishment of the crime

[criminal history] On December 2, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Gwangju District Court, and completed the execution of the above sentence at the Gwangju District Court on October 26, 2017.

[2018 Highest 865] On May 19, 2018, the Defendant ordered alcohol and alcohol to the victim as if he would pay the price to the victim at the 'E operated by the victim D' in Ansan-si, A around May 19, 2018.

However, in fact, the Defendant did not have any money at all, so even if he was provided with alcohol and alcohol from the injured party, the Defendant did not have any intent or ability to pay the alcohol value.

Accordingly, the defendant deceptioned the victim and acquired the victim from the above victim, namely, through the delivery of beer 7 sick with the market price of 120,000 won and beer 10,000 won from the above victim.

[2018 Highest 1083] On May 10, 2018, the Defendant ordered alcohol and alcohol to the victim, as if he were paid the price in the “H dan” operated by the victim G in Thai City F on May 10, 2018.

However, in fact, the Defendant did not have any money at all, so even if he was provided with alcohol and alcohol from the injured party, the Defendant did not have any intent or ability to pay the alcohol value.

Accordingly, the defendant deceivings the victim, and i.e., the victim, who is the victim, obtained the delivery of 15 Madju, 1 Madju and 2 Madju from the victim, which is the market price of 125,000.

Summary of Evidence

[2018 Highest 865]

1. Statement by the defendant in court;

1. Written statements of D;

1. Receipts:

1. Each photograph (2018 Height 1083);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Receipts:

1. Each photograph (the record of the crime in its holding);

1. Written inquiry and reply;

1. Investigation report (report on confirmation during the period of repeated crimes of suspects);

1. Application of Acts and subordinate statutes concerning personal confinement;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommended punishment] of type 1 (the amount less than 100 million won).

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