beta
(영문) 수원지방법원 안양지원 2020.06.19 2020고단432

상습사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On May 17, 2017, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Sungnam branch of the Suwon District Court, and completed the execution of the above punishment on January 9, 2019. On May 29, 2019, the Defendant was sentenced to one year of imprisonment for fraud in the Sungnam branch of the Suwon District Court, and completed the execution of the above punishment on January 29, 2020.

【Criminal Facts】

At around 01:20 on February 19, 2020, the Defendant issued an order of alcohol and alcohol as if he would pay the alcohol value even if he was provided with alcohol and alcohol from the victim, even if he was provided with alcohol and alcohol from the victim, without the intent or ability to pay the alcohol value to the victim.

From February 24, 2020 to February 24, 2020, the Defendant, as shown in the list of crimes in the attached Table, had habitually induced the victim as above, and had been provided with the victim with the alcohol and the alcohol equivalent to KRW 2,480,00 in total from the victim's seat, i.e., a total of KRW 2,00,000 from the victim's seat, from the time when he had been provided with the victim with the alcohol and the alcohol equivalent to KRW 2,480,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. G statements;

1. Each drinking-value receipt, each on-site photograph, and each CCTV closure photograph;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (verification of criminal records of repeated crimes of a suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the continuous and repeated crimes of the same kind in the judgment;

1. Relevant Article of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

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

1. Scope of applicable sentences under law: One to thirty years of imprisonment;

2. Scope of recommendations according to the sentencing guidelines: Imprisonment with prison labor for one to three years (determination of a type): General Fraud [Type 1] below KRW 100 million (Special Aggravationd Persons] below KRW 100 million: In the case of habitual offenders, the area of special aggravation of the same repeated crime [the recommended area and the scope of recommendations]; imprisonment with prison labor for the same type of repeated crime;