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(영문) 의정부지방법원 2016.08.10 2016고단1537

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 14, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny at Seoul Northern District Court on August 14, 201, and completed the execution of the sentence on April 29, 2015.

On September 15, 2015, around 22:55, the Defendant issued a false order to the victim Skick 2, which is equivalent to KRW 450,00,000 to pay the drinking value, at the main point located in E at the time of the Government of the Republic of Korea operated by the victim D, notwithstanding the lack of intent or ability to pay the drinking value, the Defendant issued a false order to the victim 450,000 Skki 2.

Accordingly, the Defendant, by deceiving the victim as above, was issued to the victim 450,000 won in total as from the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. On-site photographs, respective descriptions of receipts, and images;

1. Previous convictions in the judgment: Application of each Act and subordinate statute of an investigation report (record of a suspect A’s previous disposition), criminal history inquiry, investigation report (in addition to a copy of the judgment and report on confirmation of the date of release from maturity);

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 under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment in law] [the scope of punishment in law] 20 years or less of imprisonment [the person subject to special sentencing] / [the scope of punishment in general] mitigation area of punishment: The area subject to punishment not exceeding one year [the scope of punishment in general] mitigation area of punishment: Imprisonment for not more than one year (the person subject to general sentencing]: Determination of sentence for a repeated crime and for a same criminal offense (less than 10 years after the completion of execution) that does not constitute a repeated crime] 4 months of imprisonment with prison labor / although the defendant may have committed the crime in this case within the period of repeated crime, he is against the confession of the crime, and the amount equivalent to the amount obtained by the victim is paid and agreed so that the victim does not want the punishment of the defendant.