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(영문) 서울중앙지방법원 2017.11.15 2017고단5356

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 19, 2016, the Defendant was sentenced to a suspended sentence of two-year imprisonment at the Seoul Central District Court for habitual fraud in October, 2016, and that judgment became final and conclusive on February 24, 2017.

After that, on June 22, 2017, the above court rendered a decision to revoke the above suspended sentence, and the decision became final and conclusive on July 27, 2017.

On June 8, 2017, around 23:30 on June 23, 2017, the Defendant, while working as if the victim D in Seocho-gu Seoul Metropolitan Government would pay the price, ordered the victim to drink, food, etc.

However, there was no intention or ability to pay the price due to the absence of cash in the number of the defendants.

Nevertheless, the Defendant, as such, by deceiving the victim, provided the victim with alcohol and alcohol equivalent to the sum of KRW 57,000,000, which is equivalent to the market price of KRW 200,000, and KRW 20,000, and KRW 15,000, and KRW 120,000, and KRW 15,000, and KRW 120,000, market price, and KRW 1,000, and KRW 57,00,00, in addition to the market price of KRW 52,00.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Receipts (No. 3 once a year);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (verification of cancellation of the suspended sentence of a suspect), copy of the judgment (15th time), relevant case list (16th time a year), search of Supreme Court B (17th time a year a year a year a year a year a year a year a year a year a year a year a year a year), search of integrated cases (18th time a year);

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. Application of the sentencing criteria [Scope of applicable sentences]: Imprisonment with prison labor for one month to ten years (the scope of recommended punishment]; the basic area (from June to one year and six months) for the category 1 (the scope of recommended punishment less than 100 million won) and the basic area (special sentencing factors): None of them;

2. The Defendant’s specific sentencing is based on the main points.