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(영문) 의정부지방법원 2018.04.24 2018고단479
상습사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On August 21, 2017, the Defendant was sentenced to six months of imprisonment for criminal fraud at the District Court of Jung-gu, and the execution of the sentence was completed on December 16, 2017 at the prison of Jung-gu.

[Criminal facts]

1. On February 6, 2018, the Defendant acquired pecuniary benefits equivalent to the same amount by deceiving the victim as if he/she had no intention or ability to pay the drinking value, etc., and by deceiving the victim, by failing to pay the amount equivalent to KRW 19,800 of the said amount, the Defendant acquired pecuniary benefits by failing to pay the amount equivalent to KRW 19,80 of the said amount.

2. On February 7, 2018, the Defendant: (a) committed an act as if he did not have the intent or ability to pay the drinking value, etc. in the “H’s operation of the Victim G G in Gui-si F on February 7, 2018; (b) instead of paying the drinking value, etc., by deceiving the victim; (c) did not pay an amount equivalent to 200,000 won of the said amount; and (d) obtained pecuniary benefits equivalent to the said amount as he did not pay the drinking value, etc.

In this respect, the defendant had habitually induced victims, received alcohol and know-how from the victims, and did not pay the total amount of 219,800 won, and acquired the same amount of financial benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Interim invoice, invoice, photograph of the place where the person under consideration takes food, photograph of the suspect's place and permit for business of drinking alcohol;

1. Previous convictions: A reply to inquiries, such as criminal history, investigation report (Attachment to data related to repeated crimes);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, etc.;

1. Articles 351 and 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The Defendant’s reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes reaches 12 times, and the Defendant also commits the crime of this case during the same repeated crime period, and Article 35(1) of the instant judgment.

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