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(영문) 부산지방법원 2015.01.29 2014고단9683
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 10, 2012, the Defendant was sentenced to imprisonment of one year and six months for fraud in the Busan District Court's Dong Branch Branch, and the execution of the sentence is terminated on October 15, 2013, and on July 9, 2014, the Defendant was sentenced to eight months for fraud at the Busan District Court's Busan District Court's imprisonment on July 9, 2014.

8.29 The above judgment became final and conclusive.

On May 28, 2014, the Defendant: (a) around 20:00, at the “E” of the Victim D’s Operation in Seo-gu Daejeon, Seo-gu, Daejeon: (b) did not possess cash or a settlement credit card; (c) did not have an ability to pay the alcohol value; (d) ordered the Victim as if he would normally pay the alcohol value; and (e) then, (e) obtained economic benefits equivalent to KRW 1,210,00 in total from the said Victim, including liquor, service, etc. equivalent to KRW 1,210,00 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A complaint;

1. Receipts:

1. Previous convictions: Application of Acts and subordinate statutes to criminal records, investigation reports (pre-dispositions, report on results of confirmation, court rulings and current status of personal identification);

1. Article 347 (1) of the Criminal Act applicable to the crime;

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

1. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act (the record of the first head at the time of sale and the record of the crime of fraud, which became final and conclusive on August 29, 2014), even though the Defendant was sentenced several times of punishment for the same crime, the Defendant again committed the instant crime during the period of repeated crime, and the Defendant committed the instant crime repeatedly during the period of repeated crime, taking into account all other circumstances, such as the background, means, method, and degree of damage.

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