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(영문) 춘천지방법원 강릉지원 2016.03.31 2016고단68
사기등
Text

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

Reasons

Punishment of the crime

On August 20, 2014, the Defendant was sentenced to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Chuncheon District Court's Gangnam Branch branch on August 20, 2014 and one year of imprisonment for fraud, and completed the execution of the sentence in the original prison on May 28, 2015.

1. On August 26, 2015, at D’s house located in C, around 19:35 on March 26, 2015, the injured Defendant informed the police of the facts that he reported the Defendant to the police due to the assault before the victim E (51). In this end, the injured Defendant received the victim’s face face part and went back to the back, and continued to go back to the victim. In this end, the injured Defendant received several interviews of the victim’s face face part, and got about 1:2 weeks of treatment, and got about 1:2 weeks of treatment to the victim.

2. Fraud;

A. On October 24, 2015, the Defendant issued an order for alcohol and alcohol to the victim as if he did not have any intent or ability to pay the alcohol value, and received from the injured party 1 enlisted men and 5 enlisted men, etc. in the aggregate amount of KRW 200,000,000 from the injured party, even if he did not intend or have any ability to pay the alcohol value.

B. On November 2, 2015, the Defendant issued an order for alcohol, alcohol, and alcohol to the victim as if he did not have any intent or ability to pay the alcohol value, and received from the injured party KRW 1 bottle and KRW 30,000,00 in total, KRW 230,000 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, J and E;

1. A medical certificate;

1. Each receipt and photograph;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (report attached to a sentence of judgment), personal identification, and current status of expropriation;

1. Relevant Article 347(1) of the Criminal Act and Article 257(1) of the Criminal Act (the point of fraud) concerning criminal facts, the choice of imprisonment with prison labor for each type of crime (the point of injury)

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the former part shall apply to concurrent crimes).

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