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(영문) 창원지방법원 마산지원 2016.10.11 2016고단743
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Facts】

On February 10, 2015, the Defendant was sentenced to four months of imprisonment for fraud in the Changwon District Court Msan Branch, and completed the execution of the sentence in the Changwon Prison on May 12, 2015. On October 6, 2015, the Defendant was sentenced to ten months of imprisonment in the Changwon District Court Msan Branch, and completed the execution of the sentence on June 25, 2016.

【Criminal Facts】

around 15:00 on July 26, 2016, the Defendant ordered food, etc. as if he would pay food costs normally at the E-cafeteria of the victim D operation in the Changwon-si, Masan-si, Masan-si, Masan-si.

However, the defendant did not have the intention or ability to pay the food cost.

The Defendant, by deceiving the victim as above, was provided with 15,00 won in total at the market price of 15,00 won by the victim, and 3 soldiers were provided.

around 23:00 on July 5, 2016, the Defendant was provided with food equivalent to KRW 30,000 on a total of KRW 5 illness and scambling, etc. at the H point operated by the victim G in the window F of Changwon-si, as if he would normally pay the food cost, and received orders for food equivalent to KRW 30,000 on a total of 5 illness and scambling.

However, the defendant did not have the intention or ability to pay the price.

Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment, etc. of judgment) and statutes;

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. Of concurrent crimes, the sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, as set forth in the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, shall be determined by taking into account the following circumstances, among concurrent crimes, as well as the following circumstances:

(b)bed;

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