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(영문) 청주지방법원 충주지원 2019.08.14 2019고단194
사기
Text

The punishment of the accused shall be set forth in six months.

Reasons

Criminal facts

[Criminal Power] On November 21, 2017, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the District Court, and was released by a ruling of revocation of detention on the same day, and the execution of the sentence was terminated.

【Criminal Facts】

1. On March 10, 2019, the Defendant committed the crime of March 10, 2019: (a) around 01:20 on March 10, 2019, issued an order for alcohol and alcohol with the victim D who operated the said main points, even though he/she did not have the intent or ability to pay the drinking value, as if he/she would normally pay the drinking value to the victim D.

The Defendant, by deceiving the victim as above, was provided with beer and beer with a total of KRW 270,000,000 from the victim’s market value.

2. On March 20, 2019, the Defendant issued an order for alcohol and alcohol to G, an employee of the said main shop, even though he/she did not have the intent or ability to pay the drinking value, as if he/she would pay the drinking value normally, at around 00:30 on March 20, 2019.

As above, the Defendant was provided with 13 Madju, Salkju, and 2 drinking water in total amounting to 180,000,000, market price of the victim H, who deceiving G and operates its main points.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. Each receipt; and

1. Photographs of personal effects;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the facts during the period of repeated crime of a suspect), and application of one copy of Acts and subordinate statutes to the status of confinement;

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. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One month to thirty years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Fraud) [Determination of Punishment] : General Fraud [Type 1] below KRW 100,000 (Special Sentencing] mitigated element: Aggravating element where punishment is not granted or significant damage is recovered:

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