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(영문) 대전지방법원 2013.10.25 2013고단3068
상습사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On January 19, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and six months for fraud in the Suwon District Court's Sungnam branch on January 19, 201, and completed the execution of the sentence on May 4, 2013.

In addition, the Defendant was sentenced to imprisonment on August 22, 2007 with prison labor for a crime of fraud at Suwon District Court on June 2, 2007; imprisonment with prison labor for the same crime at Daejeon District Court on October 16, 2008 at Daejeon District Court on September 16, 2008; imprisonment with prison labor for one year and one year for the same crime; and imprisonment with prison labor for the same crime in Sungnam Branch of Suwon District Court on September 9, 2010; and 31 times

The defendant habitually acquired the victims' pecuniary profits as follows.

1. On July 20, 2013, the Defendant: (a) around 23:00, around July 20, 2013, even if there was no intention or ability to pay the purchase price due to the lack of money at the “EM store for the victim of the first floor underground of the Daejeon-gu Daejeon building C; (b) ordered the alcohol and the kitchen; and (c) requested an entertainment worker service; and (d) obtained the said services from the victim, who received the said services from the victim at least KRW 50,00 in total amount of KRW 720,00,000,000 from the market price.

2. On July 28, 2013, the Defendant: (a) around 23:00, at the main point of “H” operated by the World War Victim G, the Defendant was engaged in the conduct of paying the price to the victim even if the Defendant did not have any intent or ability to pay the price due to the lack of money; (b) ordered an entertainment worker service; and (c) requested the victim to provide entertainment service; and (d) received the said services from the victim, the Defendant acquired the said services from the victim at least 5,00 won in total of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. A specification and a receipt for food payments;

1. Previous records and habitual records of judgment: Application of criminal records, etc., personal inquiry reports, the current status of confinement of each individual, and Acts and subordinate statutes to investigation reports (a copy of judgment attached);

1. Relevant Articles of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment], and fraud crime group.

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