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(영문) 부산지방법원서부지원 2020.12.23 2020고단2245

사기

Text

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

Reasons

Punishment of the crime

[criminal power] On January 15, 2019, the Defendant was sentenced to two years of imprisonment for fraud, etc. in the Changwon District Court's Msan Branch branch, and on September 20, 2020, the Defendant completed the execution of the sentence in the second prison of North Korea North Korea.

【Criminal Facts】

At around 22:00 on September 22, 2020, the Defendant obtained property benefits equivalent to the same amount by being provided to the victim C, who had no intent or ability to pay the drinking value in a normal way, as the facts at “D” indoor packaging center operated by the victim C, which was operated by the Busan Northern-gu, Busan, did not have sufficient money, and thus, did not pay the drinking value in a normal manner despite the lack of intent or ability to pay the drinking value.

Summary of Evidence

1. Defendant's legal statement;

1. Liquor photographs and receipts written in C;

1. Previous convictions indicated in the judgment: To apply investigation reports (verification of confinement experience), results of prisoner search, criminal records, and other Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 35 of the Criminal Act for a repeated offender: The fact that he/she has been punished several times for the same kind of crime; the fact that he/she committed a second offense only after release without being able to do so even during the period of repeated crime; or that no damage has been restored;

(k) favorable circumstances: The fact that the person appears to have an attitude to recognize and reflect a crime, and the fraud amount is not very high;

In addition, the sentence shall be determined as ordered by comprehensively taking into account the following factors, such as the Defendant’s age and behavior environment, motive and means of crime, circumstances after crime, etc., and the overall sentencing conditions indicated in the present argument and records.