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(영문) 의정부지방법원 2015.11.03 2015고단3296

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On August 25, 2014, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Jung-gu District Court, and the execution of the sentence was terminated on July 4, 2015.

【Criminal Facts】

On August 27, 2015, the Defendant was provided with alcohol and alcohol equivalent to KRW 185,00 at the market price, i.e., KRW 185,00 at the time of the victim’s government around 21:30 on August 27, 2015, when the Defendant had no intent or ability to pay the price despite having been provided with alcohol and alcohol from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Receipts:

1. On-site photographs;

1. Previous records of judgment: Application of investigation reports (Attachment of result data of the suspect's search), criminal records, reply reports on criminal records, investigation reports (Attachment Reports, such as written judgments related to suspects and summary orders);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated crimes [the scope of recommending punishment] Article 35 of the Criminal Act: General Fraud [10 million won or less] mitigated area (1-1 year or less] [the person subject to special mitigation] / 6 months or more of imprisonment for the same repeated crime [the sentence] - six months or more unfavorable: there has been a history of having been sentenced several times of punishment including punishment due to the same type of fraud, habitual fraud crime, etc., and in particular, since there has not been much time to have been sentenced to imprisonment for a year on August 25, 2014, the crime of this case was committed in another time after being sentenced to imprisonment for a year on August 25, 2014, etc. - In addition, damage is minor: the victim does not want the punishment of the defendant; the victim is divided into the crime of this case; and the victim is faithfully subject to alcohol treatment addiction after being released.