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(영문) 서울서부지방법원 2020.06.24 2020고단1533

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 20, 2019, the Defendant was sentenced to 10 months of imprisonment for fraud at the Seoul Western District Court, and the execution of the sentence was terminated on April 19, 2020.

On April 28, 2020, at around 15:57, the Defendant was provided with D’s restaurant in Yongsan-gu Seoul Metropolitan Government, “D,” and even if he was provided with alcohol and alcohol, he did not have the intent or ability to pay the price, but did not have the intent or ability to pay the price, the Defendant was ordered to pay the victim the price as if he would have paid the price, and the Defendant was ordered with 12,000 won and 12,000 won of swine Swinbus.

Accordingly, the defendant deceivings the victim, thereby taking the property amounting to 12,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. On-site reports (to attachCCTV images);

1. Invoice;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes of investigation report (the same type of criminal records and attachment of judgment of a suspect A);

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

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

1. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to the range of recommendations [the range of punishment [the category 1] and the amount below the amount of 100 million won [the amount of special punishment]: Reduction area of punishment [the area of recommendations and the scope of recommendations] mitigation area, imprisonment with labor for one month through one year;

2. Determination of sentence (contributed circumstances) recognizes and reflects his fault.

The amount of fraud is small and agreed with the victim.

[Unfavorable circumstances] The crime committed within the short term after release is committed.

It has reached a set of times that criminal punishment has been imposed for the same crime.