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(영문) 대전지방법원 천안지원 2018.10.26 2018고단2189

사기

Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On October 13, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud, etc. in the Suwon District Court, and the execution of the sentence was terminated on April 2, 2017, and on August 2, 2017, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Suwon District Court Sejong District Court’s House on August 2, 2017, and completed the execution of the sentence on December 27, 2017.

On July 14, 2018, the Defendant: (a) had the same attitude that the Defendant would normally pay for alcoholic beverages, regardless of the absence of cash or effective payment means possessed at the time; and (b) had no intent or ability to pay for the amount of alcoholic beverages due to the absence of a certain amount of import; (c) had the same attitude that the Defendant would pay for the amount of alcoholic beverages to the victim Z; (d) had the victim Z of over-one hundred and sixty (10,00 won in total; and (e) had been provided with singing services for one hour.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the Z;

1. A receipt for the value of alcoholic beverage;

1. Photographs showing the scene of damage;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A) and Acts and subordinate statutes on personal expropriation;

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] general fraud, and where considerable damage has been recovered due to the type 1 (less than KRW 100 million) [person subject to special mitigation] [the scope of the recommended punishment] of the same type of repeated crime [the scope of the recommendation] mitigated area, imprisonment with labor for not less than one month, but not more than one year;

2. The Defendant who had been sentenced to punishment prior to the instant case has a very large number of records of punishment.

In particular, the crime of this case was committed even though it was punished several times due to the same crime, and it was committed during the period of repeated crime like the previous record.

However, the defendant recognizes his wrongness.

The defendant's female living together paid the amount of damage to the victim and the damage was restored.

In addition to these circumstances, various circumstances revealed in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.