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(영문) 전주지방법원 2018.10.04 2017고단2072

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On November 9, 2016, the Defendant ordered the victim D to pay the price at the C main points located in Toynsan-gu B of the Jeonju-si on November 22, 2016, without any intention or ability to pay the price, and the Defendant received the alcohol and the alcohol equivalent to the total market price of KRW 200,000,00 from the victim and acquired it by deception.

2. On November 16, 2016, the Defendant, on November 16, 2016, lent money to the victim E without the intent or ability to repay the borrowed money at the end-to-face shop with the mutual influence in the end-to-end Seoul Special Metropolitan City on November 16, 2016, and the Defendant acquired the money by acquiring KRW 200,000 from the victim.

3. On November 26, 2016, the Defendant ordered the victim D to pay the price at the Cju on November 26, 2016, without any intention or ability to pay the price, and the Defendant acquired it by deceiving the victim with an alcoholic beverage amounting to KRW 150,00 in total at the market price.

4. On November 29, 2016, the Defendant loaned money to the victim E before the front city F prior to the front city on November 29, 2016, without intent or ability to repay the borrowed money, and the Defendant acquired money by deceiving the victim E by receiving KRW 530,000 from the damaged person in cash.

Summary of Evidence

[Judgment]

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

1. Each police statement made to D or E;

1. Application of text messages or loan certificates-related Acts and subordinate statutes;

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

1. Reasons for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment stipulated in the crime of fraud as of November 29, 2016 against victims E with the largest penalty);

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes Nos. 1-3: Each fraud [type of fraud]. There is no type 1 (less than KRW 100 million) of the general fraud [decision in the sphere of recommendation] (decision in the sphere of recommendation] (decision in the sphere of recommendation] basic area / [the scope of recommendation] imprisonment with labor for up to six months from one year and six months;

(b) Handling of multiple crimes: