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(영문) 수원지방법원 2016.01.28 2015고단5872

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 25, 2014, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon Friwon, and the execution of the sentence was completed on March 18, 2015 at the Seoul Southern Fribu detention center.

[2] On November 29, 2015, the Defendant: (a) around November 20, 2015, the Defendant: (b) placed in the “E” entertainment station located in the victim C’s wife population D; and (c) had no intent or ability to pay the price even if the Defendant did not have any money under water and received alcoholic beverages, etc. from the injured party due to lack of certain occupation; (d) ordered the injured party to pay the price in a normal manner; and (e) ordered the injured party’s alcohol and alcohol, etc.; and (e) did not pay the price to the injured party; and (e) did not pay the price to the injured party, the Defendant acquired pecuniary benefits equivalent to the said amount by failing to pay the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. On-site photographs;

1. Receipts:

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (whether the person is a suspect, repeated crime, and attachment of major previous convictions and judgments);

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

1. According to Article 35 of the Criminal Act for aggravated repeated crimes (the opportunity to commit a crime known by evidence, the defendant's attitude at the time of committing the crime, etc.), the reason for sentencing for sentencing (the scope of recommended punishment shall not be deemed to have reached a state of mental and physical weakness, as it is difficult to view that the degree of mental and physical weakness has reached a state of mental and physical weakness, even though the defendant appears to have been somewhat affected by mental illness, such as the existence of alcohol at the time of committing the crime, etc.) [the scope of recommended punishment] by aggravation (one year to two years and six months) of the aggravated area (the special aggravated person] [decision of punishment] by the same type of repeated crime [the decision of punishment] is a crime committed during the period of repeated crime committed by the same kind of crime, the defendant committed the crime of this case without being aware of the date on which he was sentenced to punishment for the same kind of crime during the period of repeated crime, and the fact that the same kind of criminal conviction is many (the actual criminal conviction is a case).