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(영문) 인천지방법원 부천지원 2019.08.26 2019고단1462

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On April 25, 2018, the Defendant was sentenced to one year’s imprisonment for a crime of fraud at the Seoul Southern District Court (Seoul Southern District Court). On January 18, 2019, the Seoul Southern Prison completed the enforcement of the sentence.

【Criminal Facts” around April 21, 2019. On April 21, 2019, the Defendant sent an attitude that the victim would normally pay the drinking value to the victim from the “D’s operation” of the victim C in Bupyeong-si, Seocheon-si, B, and ordered drinking and drinking.

However, the defendant did not have the intention or ability to pay the consideration even if he was provided with alcohol, alcohol, etc. from the victim due to the lack of cash or other means of payment.

Ultimately, the Defendant, by deceiving the victim as above, was provided by the victim with a total amount of KRW 230,000, such as one disease, one week, one week, and so on.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs and receipts;

1. Previous records: Criminal records, inquiry reports, investigation reports (verification of repeated offenses by a suspect), judgment, and application of Acts and subordinate statutes to the status of confinement of individuals;

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

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders - the defendant acknowledges and reflects the wrongness.

- The amount of damage is not significant, and the victim agreed with the victim only on the day following the crime.

- The Defendant has been punished for the crime of fraud of the same veterinary method in a set of times.

Recently, on September 28, 2016, the Seoul Southern District Court was punished by imprisonment with prison labor for a habitual fraud on July 13, 2017 at the Seoul Southern District Court for 8 months and 1 year of fraud on April 25, 2018. All of the crime of this case was committed within a short period after the discharge, and was committed again for 3 months after the discharge.

The possibility of recidivism is very high in the future.