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(영문) 의정부지방법원 2017.02.01 2015고단5059

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 1, 2014, the Defendant opened amusement rooms in the room of “D” (PC) operated by the Victim C in Namyang-si, Namyang-si.

A false statement was made that “The amount of profit per entertainment room 2,00-3,000 to 2,000-3,000 won per entertainment room is to make an investment in one entertainment machine.”

However, in fact, even if the defendant received money from the injured party as the source of investment in entertainment, he did not have any intention or ability to pay the profit to one of the amusement machines because he was thought to consume the money as personal living expenses, etc.

The Defendant received cash 2,400,000 won from the injured party on August 7, 2014, from the victim, from the time to November 11, 2014, and acquired the total amount of KRW 17,910,000 through 18 times in the same manner, such as the list of crimes in attached Form.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the respective laws and regulations of E, F, G, H and I;

1. The relevant legal provisions and Article 347(1) of the Criminal Act regarding the facts of the crime (in addition to the punishment of imprisonment), there is no reason for sentencing [the scope of recommending punishment] in the basic area (from June to one year and six months) (the person who is subject to special sentencing) (the person who is subject to special sentencing] (the decision of sentencing] (the decision of sentencing] of the defendant, and no damage was restored even if the amount acquired by the defendant was substantial.

The crime of this case was committed immediately after the period of repeated crime for the same crime expires.

In this context, the sentencing guidelines shall be set by taking into account various sentencing conditions, such as the defendant's age, sexual conduct, background, means and result of the crime, and the circumstances after the crime.