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(영문) 제주지방법원 2018.04.06 2018고단398
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On May 2, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Jeju District Court, and on April 17, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and six months.

In addition, on May 12, 2016, the same court was sentenced to two years of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the same court and completed the execution of the sentence in the Jeju prison on January 29, 2018.

[Criminal facts]

1. Fraud;

A. On February 15, 2018, at around 19:30 on February 15, 2018, the criminal defendant against the victim C showed an attitude that the victim C would pay the alcohol value to the victim in the E dan operated by the victim C at Jeju, and was provided with an amount equivalent to KRW 200,000,000 at the market price by placing an order for alcohol and alcohol.

However, the Defendant did not have any intent or ability to pay the price even if he does not have any means of payment such as cash or credit card, etc. at the time.

Accordingly, the defendant was given property by deceiving the victim.

B. On February 15, 2018, around 23:20 on February 15, 2018, the criminal defendant against the victim F showed an attitude that the victim F was able to pay the victim’s drinking value, and was provided with an amount equivalent to KRW 80,000 at the market price by placing an order for alcohol and alcohol.

However, the Defendant did not have any intent or ability to pay the price even if he does not have any means of payment such as cash or credit card, etc. at the time.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 15, 2018, the Defendant: (a) committed a theft with one national card owned by the victim and one copy of the No. 1, No. 1, No. 1, and one copy of the Jeju bank card, which the victim F was placed on the table, at the H main point listed in paragraph (b) around 23:20 on February 15, 2018.

3. On February 15, 2018, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, followed the F’s Jeju Bank’s card, as described in paragraph 2, at the J Marart located in Jeju City I.

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