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(영문) 대구지방법원 영덕지원 2016.10.26 2016고단136

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 17, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor at the Ulsan District Court for fraud, etc. and completed the execution of the sentence on January 29, 2016.

1. On June 24, 2016, around 19:40, the Defendant: (a) received the victim’s D operation “EM” in U.S., U.S., Ulsan-gun; and (b) obtained the victim’s 2 disease, beer, beer, beer, and be provided with the victim’s 400,000 won in total as if the victim did not have the intent or ability to pay the price even if the victim was provided with alcoholic beverages, and acquired the victim by deception.

2. On June 25, 2016, the Defendant, at around 21:40, obtained 10,000 won of the market price from the victim, and acquired 200,000 won of the market price from the victim as if she did not have the intent or ability to pay the price even if she was provided with alcohol and alcohol to the victim.

Summary of Evidence

Defendant’s legal statement

G and D’s written statement of statement, investigation report (related to the alcohol value), investigation report (the results of the other party inquiry by the captain of the I’s J), and previous records: Criminal history records, etc. (A), investigation report (verification of the same criminal records), investigation report (the confirmation of the date of release), relevant legal provisions concerning criminal facts subject to the law, and the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes subject to Article 347(1) of the Criminal Act (the confirmation of the date of release), among the concurrent crimes subject to Article 347(1) of the Criminal Act (the method of sentencing), the reason for sentencing under Article 37(1)2, and Article 50 of the Criminal Act [the decision of type] general fraud (the determination of type of punishment shall be less than 100 million won, and the amount of punishment shall be added according to the method of the same concurrent crimes) [the amount of punishment] The mitigated area of punishment [the amount of punishment and sentence] [1 month] [the defendant]

Defendant is punished as a fraudulent crime of the same kind of law.