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(영문) 광주지방법원 2016.12.22 2016고단4422

A defendant shall be punished by imprisonment with prison labor for not more than ten months.


Punishment of the crime

On October 16, 2014, the Defendant sentenced 8 months to imprisonment for fraud at the Gwangju District Court, and completed the execution of the sentence at the Gwangju Prison on May 3, 2015.

around 01:30 on October 10, 2016, the Defendant ordered 580,000 won in the market price to N, the head of business office, in the M entertainment tavern operated by the victim L in K in the Gwangju Mine-gu, Gwangju.

However, at the time of fact, the defendant had two physical cards and 8,000 won in cash, which are not settled in the water, and there was no intention or ability to pay the price even if he was provided with alcohol and alcohol from the victim.

Nevertheless, the defendant deceiving N, who is the head of the business office of the victim, and was issued with alcohol and alcohol equivalent to the market price of 580,000 won at the seat.

around 00:40 on October 10, 2016, the Defendant stolen a 30,000 won of the market price in which the cash owned by the victim was located on the relevant floor while drinking alcohol together with the victim P in the victim P's dwelling located in Gwangju Mine-gu, Gwangju, with the victim P, around 0:40 on October 10, 2016.

Summary of Evidence

[2016 Highest 4422]

1. Defendant's legal statement;

1. N’s statement;

1. Written estimate of damage (2016 Highest 4836);

1. Defendant's legal statement;

1. A P statement;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and personal confinement status;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud), Article 329 of the Criminal Act and choice of imprisonment with prison labor for the crime;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to 30 years; and

2. Scope of recommending punishment based on the sentencing guidelines: Type 2 crime (Fraud) that has no basic area (six months to one year) (six months and one year and six months) in the basic area (six months to six months) of the theft of general property from six months to two years (the scope of recommending punishment) (the scope of recommending punishment) in general fraud (the scope of recommending punishment).