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(영문) 대전지방법원 공주지원 2016.05.27 2016고단67
사기
Text

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

Reasons

Punishment of the crime

【Criminal Force” On June 11, 2014, the Defendant was sentenced to two years of imprisonment for fraud in the Hongsung Branch of the Daejeon District Court, and completed the execution of the sentence in the public prison on March 17, 2016.

【Criminal facts” from March 23, 2016 to around 02:00 of the same month operated by the victim D (37 years of age, n, n) of the victim D (E) who had public interest during the period from March 23, 2016 to around 24:00, as if the Defendant did not have an intent or ability to pay the drinking value to the victim, he/she would make a false statement that he/she would pay the drinking value to the victim, and received a delivery of an alcoholic beverage and alcoholic beverage equivalent to KRW 307,00 in total, including 1 hamz, 1, 1, 1, 1, 2, 2, and 35 C, and 35 C.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Simplified receipts, on-site photographs;

1. Previous convictions: Application of a written inquiry about criminal history, investigation report (verification of the fact that the period of repeated offense is in progress), judgment, and inquiry of confinement information Acts and subordinate statutes;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] The ground for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] In general fraud, the area of aggravated punishment (one year to two years and six months of imprisonment] (the special aggravated person] of the same type repeated crime [the decision of sentencing] is inevitable for the defendant to choose imprisonment for the same repeated crime.

Provided, That the punishment shall be determined by exceeding the scope of the sentencing criteria in consideration of the fact that the defendant is led, is in depth, and the amount of damage is not large: Provided, That the punishment shall be determined as ordered.

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