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(영문) 제주지방법원 2019.09.04 2019고단1401
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On February 28, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Jeju District Court, and completed the execution of the sentence in the Jeju Prison on August 28, 2018.

【Criminal Facts】

In fact, the Defendant, even though there is no means of payment such as cash, credit card, and so on, did not have the intent and ability to pay the price. However, around June 8, 2019, the Defendant, at around 20:57, sent an attitude that the Defendant would normally pay the price to the victim at the “D” main point operated by the Victim C in the Jeju-si, B, and issued an order for alcoholic beverages, etc., and received an amount equivalent to 3.20,000 won at the market price, such as 2 sick and alju, from the victim, from July 3, 2019 by the same method as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each statement of F, G, H, and I;

1. Written complaints by C and J;

1. Each receipt and photograph;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (verification of the date of final release) and other Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, there are many criminal records of the same kind of punishment for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, and the repeated crime is committed several times during the period of the repeated crime, the agreement is not reached, and on the other hand, the defendant's age, character and conduct, family relation, environment, circumstances and results of the crime, and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be comprehensively considered and determined as ordered.

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