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(영문) 수원지방법원 2018.01.25 2017고단7208
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon Friwon on December 29, 2015, and the execution of the sentence was terminated on August 24, 2016. On September 18, 2017, the Defendant was sentenced to eight months of imprisonment for a crime of fraud from the Suwon Friwon Friwon on September 20, 2017, and the said judgment became final and conclusive on November 20, 2017.

【Criminal Facts of crime】 On October 30, 2017, the Defendant ordered 2, 2, 3, 3, 3, 2017, 2, 2, 1, 2, 2, 2, 2, 2, 2, 2, 2, 2, 2, 2, 2, 2, 2, 2, 1, 2, 1, 2, 2, 2, 2, 2, 3, 2, 2, 3, 2, 2, 3, 3, 1.

However, at the time, the defendant did not have any intent or ability to pay the price even if he ordered food as above because he did not have any means of payment such as cash or credit card.

Nevertheless, the defendant deceiving F as above and obtained the delivery of the total amount of KRW 45,000 in the market price of the second half of the first half of the f, which is the second half of the market price from F.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of victim of the F;

1. On-site photographs and photographs of the suspect;

1. A previous conviction in judgment: A criminal investigation report (verification of a previous conviction in the same case), a criminal investigation report (verification of a repeated crime and a pending trial), a criminal investigation report (report on the results of confirmation of a previous conviction in the previous offense), a criminal investigation report (verification of a confinement institution at the expiration of the term of punishment), and application

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. Article 35 of the Criminal Act for aggravated repeated crimes (it is a previous criminal record of fraud in 2015 among the criminal records in the judgment);

1. The latter part of Article 37 of the Criminal Act, provided that Article 39(1) of the Act on the Punishment of Minor Offenses (which became final and conclusive on November 20, 2017 among the records of the crime in the judgment, and between fraud in this case) is subject to criminal punishment for 44 times for the same type of crime, except for 8 cases of adjudication, and 1 case of notification prior to the instant crime.

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