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(영문) 수원지방법원 2012.11.07 2012고단3916

사기

Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

[Criminal Justice] On November 10, 2010, the Defendant was sentenced to eight months of imprisonment for fraud in the original state branch of the Chuncheon District Court, and was provisionally released on August 12, 201, and the remaining term of imprisonment has expired on October 20 of the same year.

【Criminal Facts】

On August 8, 2012, the Defendant: (a) around 23:45, the Defendant took an attitude that he would pay the price despite having no intention or ability to pay the price even if he/she was provided with alcohol, alcohol, etc.; (b) ordered the victim; and (c) obtained a sum of KRW 2,90,000,00,000 from the victim, including the two weeks, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Receipts:

1. Each photograph;

1. Previous convictions in judgment: Criminal records, and criminal investigation reports (the collection and binding of the same type of crime, and confirmation of suspect identification records) shall apply to statutes;

1. Relevant laws concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty. Article 347 (Selection of Imprisonment);

1. The reason for sentencing under Article 35 of the Criminal Act [Application of Sentencing] Scope of the sentencing sentence: One month to one year (the selection of the mitigation area of types 1 of general fraud) - Where the degree of deception is weak, where considerable damage is recovered (a mitigation factor), and where a repeated crime is committed for a considerable period of time, the criteria for the suspension of execution where there is no corresponding case: (a) the person who has been punished as stated in the first head of the judgment [decision on the suspension of sentence] and committed a crime without being aware of the fact that he/she committed a crime while being punished for a repeated crime, and there is no record of having been sentenced to a fine for the same kind of crime except the above previous offense (the first one has reached the period of the above repeated crime).

However, the defendant, including the fact that the defendant's mistake is too late, the amount of damage is relatively small, and the amount of damage is deposited.