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(영문) 대전지방법원 천안지원 2018.09.14 2018고단1899
사기
Text

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

Reasons

Punishment of the crime

On October 13, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud, etc. in the Suwon District Court, and the execution of the sentence was terminated on April 2, 2017. On August 2, 2017, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Suwon District Court Sejong District Court, and the execution of the sentence was terminated on December 27, 2017.

On July 13, 2018, around 02:20, the Defendant: (a) committed an act as if the Defendant would pay the amount in “D’s singing hole” operated by the victim C in Asan City B; (b) ordered the victim to pay the amount, and requested the victim to do so.

However, the defendant did not have any means of payment, such as cash, with no certain income at the time, so even if he was provided with alcohol, alcohol, etc., there was no intention or ability to pay the price.

Even so, Defendant 1 received 10,000 won, including 100,000 won, from the injured party, such a false statement as above, and Defendant 1 did not pay 10,000 won, including 10,000 won, and 110,000 won.

As a result, the Defendant, by deceiving the victim, received property equivalent to KRW 110,000,00, and acquired pecuniary benefits equivalent to KRW 110,000,00,000 from this point to July 18, 2018, and acquired pecuniary benefits from the victims by the same method, such as the statement in the list of crimes, six times from July 2018.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Invoice;

1. Each receipt; and

1. All on-site photographs;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (report on attachment to the status of confinement of suspects and individuals - relation to repeated crimes) and reporting on the results of confirmation of minor convictions in disposition;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

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

1. The scope of punishment recommended according to the sentencing criteria;

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