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(영문) 의정부지방법원 2016.01.15 2015고단2694
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 4, 2013, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the District Court, and was provisionally released on September 30, 2013 during the execution of the sentence, and the parole period expired on October 16, 2013.

【Criminal Fact-finding 2694, Apr. 14, 2015, the Defendant issued an order to the victim for alcoholic beverages equivalent to KRW 390,000,00 for the window 1 Byung, Macro 10,00,00, and Macro 390,000, as if the Defendant did not have the intent and ability to pay the price under D’s “D amusement shop” operated by the victim C in Gyeonggi-gun, Gyeonggi-do. Around April 14, 2015.

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

On August 22, 2015, the Defendant damaged the victim G, which is located in front of the F cafeteria in Gyeonggi-gun E, Gyeonggi-do on August 16:50 on August 22, 2015, the lower part of the HM5 MM5 car operation cost of KRW 22,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. C’s statement;

1. To submit a written estimate for a police investigation;

1. On-site photographs, receipts, and CCTV screens;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, to a prosecutor's investigation report (formers and confirmation reports / Reporting on confirmation of repeated relationship / Reporting on confirmation of repeated relationship);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 347(1) and 366 of the Criminal Act concerning the choice of punishment, and imprisonment, respectively;

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

1. In a case where: (a) the mitigation area (one month to one year) of the grounds for sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act; and (b) the mitigation area (one year to one year), Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of the recommended punishment); (c) the mitigation area (special mitigation/a year), Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (special mitigation/a year); (d) the scope of the recommended punishment] Article 2 of the same repeated crime (damage) of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of the recommended punishment] the basic area (four months to October) of the same type (the person subject to a special sentencing) of the same type of punishment (the person subject to a special sentencing] is nonexistent from April to May 1:

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