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(영문) 수원지방법원 안산지원 2017.12.21 2017고단2533

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 30, 2016, the Defendant was sentenced to eight months of imprisonment for fraud in the support of Suwon Fagwon, and on February 2, 2017, the same court sentenced two months to imprisonment for fraud, and completed the execution of the sentence at the Gagsung Vocational Training Correctional Institution on September 2, 2017.

[Criminal facts] On September 4, 2017, the Defendant, at around 20:0, ordered the victim D’s “E main store” operated by the victim D with C3th floor at Sih interest, as if he would pay the alcohol value, etc., and ordered the victim to provide alcohol, alcohol, etc.

However, in fact, the defendant did not have any intention or ability to pay the amount because he had only one cash card with the balance of 30,000 won and only one deposit passbook.

In other words, the Defendant, as seen above, was informed of the victim’s deception and the amount equivalent to KRW 478,00,00 in total of the two capitals, including two capitals, six capitals, and one capitals from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Receipts:

1. On-site photographs;

1. Investigation report (investigation of personal effects of the suspect), investigation report (the details and details of the victim's specific crime place);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (reports on the previous convictions in the same offense), investigation report (reports on the previous convictions in the same offense), and statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] is favorable circumstances such as the increased area (1 to 2 years and 6 months) of category 1 (100 million won or less) [1 to 12 years] of the aggravated area (1 to 6 months] of the same type of repeated crime [a person who is specially aggravated] recognized the defendant's mistake and reflects his fault, and

However, despite the fact that the defendant had been punished for the same kind of crime several times, he/she committed the crime of this case again only after the completion of the execution of punishment, and has not been recovered until now.