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(영문) 창원지방법원 2019.09.04 2019고단1970
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

[criminal power] The Defendant is a person who was sentenced to eight months of imprisonment for a crime of fraud in the Changwon District Court Branch Branch on April 26, 2017, and the judgment was finalized on July 14, 2017 and completed the execution of the sentence on November 24, 2017.

【Criminal Facts】

1. On July 3, 2019, around 00:05, the Defendant committed the crime: (a) around July 3, 2019, at the main point of “D” operated by the victim C in Kimhae-si, Kim Jong-si, the Defendant did not have any intent or ability to pay the alcohol value, and (b) the Defendant ordered the said victim to pay the alcohol value, and (c) the Defendant was provided with alcohol and alcohol equivalent to KRW 59,000 in total, including chickens, yellowdo, Hando, Hando, Hando, Kachi, and Kafri-1 disease.

2. On July 9, 2019, the Defendant committed the crime around July 20, 2019: (a) around July 20, 2019, at the “G” point of “G” operated by Kimhae-si, Kim Jong-si, having no intention or ability to pay the alcohol value; (b) as if he would pay the alcohol value to the said victim; and (c) the Defendant issued an order of alcohol and alcohol to the said victim; and (d) was provided with alcohol and alcohol equivalent to the sum of KRW 42,00,000, such as tidal wave, swine, brus, 2 disease, and 1 disease, etc. from the said victim.

3. On July 11, 2019, the Defendant committed the crime around July 21, 2019: (a) around 21:50, at the main point of “J” operated by the victim I in Kimhae-si, the Defendant was engaged in the act as if he would pay the alcohol value to the above victim although he did not have the intent or ability to pay the alcohol value; (b) the Defendant ordered the foregoing victim to pay the alcohol value; and (c) the Defendant was provided with alcohol and alcohol equivalent to KRW 41,00,000 in total from the above victim, such as business shortage, non-sn beamer number, beer, beer, and so on.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, F, and I;

1. Each receipt; and

1. Previous convictions indicated in the judgment: Application of criminal records, reference reports (A), investigation reports (Attachment reports to the same criminal records);

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

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

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

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