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(영문) 인천지방법원 부천지원 2015.09.23 2015고단2124

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On March 20, 2015, the Defendant was sentenced to six months of imprisonment for fraud in the Suwon District Court Ansan Branch, and completed the execution of the sentence on August 12, 2015.

【Criminal Facts】

1. On August 18, 2015, the Defendant showed an attitude of “E” in the “E” of the victim’s D operation in Bupyeong-gu, Seocheon-gu, Seocheon-gu and 302, Seocheon-gu, Seoul, and Seocheon-gu, 302.

However, the fact did not have the intention or ability to pay the price even if the victim received the alcohol and speech from the victim.

The Defendant, by deceiving the victim as such, was provided by the victim with an amount equivalent to KRW 420,00,000 in the market price, such as two disease, one week, and one week.

2. On August 19, 2015, at around 06:00, the Defendant showed an attitude of “H” in the victim G management on the first floor of the 1st floor of the Kucheon-si, Seocheon-gu F building, Seocheon-gu, the lower court ordered alcohol, requesting singing service and singing, and demanding the payment of the price.

However, there was no intention or ability to pay the price even if the victim received the alcohol and singing services.

The Defendant, by deceiving the victim as such, was provided by the victim with an amount equivalent to KRW 580,00 at the market price, such as two illnesss and singing services costs in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of G and D;

1. Description and each description of a receipt;

1. Previous convictions in judgment: Application of each Act or subordinate statute of criminal history records, inquiry reports (A), copies of judgments of the same kind of suspect, criminal investigation reports (reports on confirmation of the date of release A from a suspect), and records of personal identification and confinement status of each suspect;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] is the same as the aggravated area (one to two years and six months) of type 1 (less than 100 million won).