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(영문) 춘천지방법원 강릉지원 2019.02.15 2019고단11
상습사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On November 28, 2018, at around 17:30 on November 28, 2018, the Defendant: (a) committed an act as if he would normally pay the amount to the victim, even though there is no money being in water at the main point of “D” in the operation of the victim C located in Gangseo-si, Gangnam-si; and (b) the Defendant issued an order as if he would normally pay the amount to the victim without intent or ability to pay the said amount; and (c) from that time, he received and fraudulently acquired the amount of food equivalent to KRW 820,000 in total on nine occasions from that time until December 27, 2018 as indicated in the attached list of crimes, and acquired the profits equivalent to the said amount by deceiving the amount of the taxi fee of KRW 15,700 on one occasion.

In this regard, the defendant was habitually accused of victims and was provided property or acquired property benefits.

2. From around 24:00 on December 25, 2018 to around 04:00 on December 26, 2018, the following day, the Defendant: (a) on the building of Gangnam-si; (b) on the second floor, at the PC; (c) on the second floor, two out of the dusts set up in the smoking room are sealed by hand, or opened up by a strings; and (d) at the victim G (24) who is an employee, the Defendant expressed a desire to “Is the end of the night”; and (c) on the part of customers, such as “Is the parents go back; (d) Is the PC; (d) Is the rest of the PC; and (e) Is the other customers, and (e) Is the PC’s business support by force.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, I, J, K, G, and L;

1. Each statement of C, M, N,O, and P;

1. 112 reported case handling table;

1. Each receipt and invoice;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been repeated several times in a planned and organized manner;

1. Relevant provisions concerning facts constituting an offense;

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