beta
(영문) 인천지방법원 부천지원 2015.09.10 2015고단1996

사기

Text

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

Reasons

Punishment of the crime

On June 11, 2014, the Defendant was sentenced to imprisonment with prison labor for one year in Incheon District Court Branch of the Incheon District Court, and four months in imprisonment with prison labor for the Incheon District Court on October 13, 2014, and completed the execution of the sentence on July 27, 2015.

On August 4, 2015, from around 23:00 to around 10:00 on August 5, 2015, the Defendant committed an act as if the Defendant were to pay the victim the price of the alcohol and the alcohol in the “Eju” operated by the 6th victims D of the Young-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

However, as above, the defendant did not have the intent or ability to pay the price even if the defendant orders the alcohol and the alcohol.

The Defendant, as such, by deceiving the victim, was provided with 1,150,000 won at the market price from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statement of the F;

1. Details table, on-site photograph;

1. Previous convictions: Criminal history records, inquiry reports (A), investigation reports (verification of the date of release A of a suspect), and application of Acts and subordinate statutes to criminal investigation reports (Attachment to the same type of judgment A of a suspect);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of recommendation [Determination of types of punishment] Sentencing for fraudulent crimes, general fraud, and less than KRW 100 million (type 1): Aggravation factors: Imprisonment with prison labor for the same repeated crime [Scope of recommendation] from one year to two years (the area of aggravation);

2. Determination of sentence: In light of the fact that the defendant was sentenced to imprisonment with prison labor for eight months, without being well aware of the fact that he again committed the crime of this case even though he was punished several times for the same repeated crime, the defendant was released from prison and committed the crime of this case only one week, and the victim's damage has not been recovered, it is inevitable to sentence the defendant to imprisonment with prison labor.

However, it is against the defendant's age, character and conduct, environment, motive for crime, amount of damage, means and result, after the crime is committed.