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(영문) 서울남부지방법원 2018.09.12 2018고단3684
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 18, 2018, around 04:10, the Defendant issued an order for alcohol and alcohol as if he would pay the drinking value in E operated by the victim D with the third floor of Gangseo-gu Seoul Metropolitan Government C.

However, even if the defendant was provided with alcoholic beverages, he did not have the intention or ability to pay the price.

As above, the Defendant: (a) by deceiving the victim; (b) obtained the victim a total of KRW 292,00,00 from the victim, including the two-way share of KRW 13,00,00 from the victim; and (c) acquired it through deception; and (d) acquired the victim a total of KRW 729,70,00 through the same method, such as the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, I, J, K, L, M, N, and D;

1. Each receipt; and

1. Application of Acts and subordinate statutes to a report on internal investigation (for internal investigation against victims and CCTV images generated therefrom);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The repetition of a criminal act committed by the Defendant at the main point is likely to be subject to criticism compared to that of the pre-employment of a livelihood for the future.

The number of crimes has reached 10 times, and no damage has been restored until now.

The favorable circumstances: the defendant recognizes all crimes and reflects the mistake.

Even in 2016, the defendant has a record of criminal punishment of a fine of KRW 300,00 for the same crime, but there is no record of criminal punishment for the same crime.

As above, the Defendant’s punishment as ordered shall be determined by comprehensively taking account of the circumstances unfavorable to the Defendant, such as the Defendant’s age, sexual conduct, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., and the sentencing conditions

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