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(영문) 서울서부지방법원 2016.02.04 2015고단3089

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court on September 19, 2014, and was sentenced to about 20 times of criminal acts in the same kind of crime on September 10, 2015, including the completion of the enforcement of the sentence at Anyang Prison on September 10, 2015.

[2] On December 12, 2015, around 03:10 on December 12, 2015, the Defendant received food equivalent to KRW 288,00,00 from the victim to the victim of Mapo-gu Seoul Mapo-gu, and received food equivalent to KRW 288,00,00, in total, including KRW 233,00,00, without any intent or ability to pay the price, even if the Defendant ordered the drinking at the “E” main point operated by the victim D, located in Mapo-gu Seoul Mapo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Receipts for submitting victims;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of suspect, repeated crime and reporting accompanied by the same kind of force);

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 sentencing of Article 35 of the Criminal Act for aggravated repeated crimes has the same criminal history of 20 times or more for the defendant, and in particular, in light of the fact that the defendant was sentenced to imprisonment with prison labor for the first head of the judgment as stated in the judgment, and that the defendant committed the same crime in the same manner in three months after the release, it is inevitable to sentence

In this context, the sentencing conditions of the instant case, including the Defendant’s age, sex, environment, etc., including the fact that the Defendant’s mistake is against himself/herself and appears to have caused the instant crime due to the existence of alcohol, and the amount of damage is relatively small, shall be determined in full view of the circumstances that are favorable to the Defendant.