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(영문) 수원지방법원 2017.10.18 2017고단4826
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On February 8, 2017, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Suwon Friwon, and completed the execution of the sentence on July 12, 2017.

[Criminal facts] On July 20, 2017, the Defendant ordered alcohol and alcohol to the victim as if he would normally pay the alcohol value to the victim at the “E” main point operated by the victim D in Suwon-si C, Suwon-si, Suwon-si, 2017.

However, in fact, the defendant did not have any intention or ability to pay the price even if he received an order for alcoholic beverage and alcohol because of the lack of money.

As above, the Defendant: (a) by deceiving the victim; and (b) provided the victim with alcoholic beverages and alcoholic beverages equivalent to KRW 330,000 in total in the market price of both States (if the victim is head) 1 sick, 5 sick, and alju (if the victim is head) at the same place.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Interim invoice or on-site photograph;

1. Previous convictions: Results of prisoners’ search, inquiry about criminal history, application of a copy of judgment, and other Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The rationale for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes - All the defendants recognize criminal facts. - The value of the goods acquired by the defendant is not significant. unfavorable circumstances - The defendant committed the secondary crime because 10 days have not passed since he/she was sentenced to imprisonment with labor for the same kind of crime and completed the term of punishment, and thus, he/she committed the secondary crime. - The form of self-esteem does not appear at all. - The defendant does not seem to have been the circumstances in which he/she recovered from damage to the victim. - The sentence is inevitable for the defendant to be sentenced during the period of repeated crime at present. The sentence as ordered in consideration of

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