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(영문) 수원지방법원 성남지원 2017.11.22 2017고단2746
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of one year in the period of imprisonment with prison labor for six months in case of fraud in the Sungnam branch of Suwon branch of September 8, 2017, and the judgment becomes final and conclusive on September 16, 2017 and is currently under suspended sentence.

[Criminal facts] On September 29, 2017, the Defendant ordered an order for alcohol and food as if the Defendant would normally pay the price in the “E cafeteria” operated by the victim D, which is located in Seongbuk-gu, Manam-si, Sungnam-si.

However, the defendant did not have the intention or ability to pay the price even after receiving the alcohol from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) provided the victim with alcohol and food equivalent to KRW 21,500 in total in the market price of 1 ton, 21,500, such as 1 ton and 3 ton ton ton ton ton ton ton ton ton ton ton ton.

Summary of Evidence

1. Statement by the defendant in court;

1. A simplified statement of D;

1. The details of alcoholic beverages and food that a person under consideration takes;

1. Previous convictions: Application of inquiry statements, such as criminal history, and investigation reports (applicable to the current period of suspended execution of the suspect);

1. Relevant Article 347(1) of the Criminal Act regarding criminal facts, Article 347 of the Criminal Act regarding the choice of punishment, the defendant's reason for sentencing sentencing of imprisonment is against the mistake, and the amount of damage is not significant.

However, as stated in the judgment in the previous records, the Defendant committed the same kind of crime within 20 days from the date of release after being sentenced to a suspended sentence due to the same criminal act (unauthorized type of crime) as stated in the judgment.

The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be determined as per the order within the basic area (from June to January 6) (no special sentencing person) of the basic area (from June to June).

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