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(영문) 서울서부지방법원 2018.01.12 2017고단2987

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 23, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Western District Court on December 23, 2016 and completed the execution of the sentence on September 3, 2017.

At around 03:50 on October 3, 2017, Defendant 2017 ordered 'E' operated by the victim D' in Mapo-gu Seoul, Mapo-gu, Seoul, to pay the price, and it received 24,700 won from the injured party and acquired 'E' from the injured party.

At around 02:00 on November 11, 2017, Defendant 2017 ordered alcohol and instruments as if he would pay the price at the “H” restaurant operated by the victim G in Mapo-gu Seoul, Mapo-gu, Seoul, and that he received the 37,000 Won from the victim and acquired it by deception.

At around 22:00 on October 15, 2017, Defendant 2017, Defendant 3539, despite the absence of the intent or ability to pay the price in the “K” restaurant operated by the Victim J in Mapo-gu Seoul, Mapo-gu, Seoul, issued orders to the victim, who is 3,700 won in total of the market price as if he would pay the price to the victim.

Summary of Evidence

2017 Highest 2987

1. Written statements of D;

1. Report on investigation;

1. Invoice, on-site photographs, 2017 Heights 3456;

1. Statement by the defendant in court;

1. Statement protocol 2017 senior group 3539 against G;

1. Statement by the defendant in court;

1. A written statement of J and a previous record of ruling on a receipt;

1. (A) of a response to inquiries, such as criminal history, and application of Acts and subordinate statutes (A) of a report on investigation (verification of the period of repeated offense);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations] are as follows: (a) the aggravated area (one year to two years and six months) (a special aggravated person] the same type of repeated crime [decision of sentencing] is subject to the lower limit of the sentencing criteria, taking into account the following circumstances.