logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2018.02.22 2017고단710
사기
Text

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

Reasons

Punishment of the crime

On April 4, 2013, the Defendant was sentenced to imprisonment with prison labor at the Chuncheon District Court for a crime of fraud and on August 2, 2014, and completed the enforcement of the sentence on August 2, 2014. On February 5, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. at the Chuncheon District Court for a total of 16 times on July 9, 2017, including the termination of the enforcement of the sentence on January 9, 2017.

On May 11, 2017, the Defendant issued an order for alcohol, alcohol, and alcohol, etc. by following the following: (a) around 03:03 on May 11, 2017: (b) around “E”, managed by the victim D in Chuncheon-si C, as if he would pay the alcohol value.

However, at the time, the defendant did not have any intention or ability to pay to the victim even if he was provided with alcohol, alcohol, etc. from the injured party because of the lack of money.

As such, the Defendant, by deceiving the victim, was provided with alcohol and service equivalent to KRW 720,00,000 in total market value, such as beer and beer concurrently, at the same time from the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. The place of the offender, the arrest report on the occurrence of the case, a written statement, a simplified receipt, and field photograph;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions of the disposition, and reporting on investigation (the same type of past convictions and previous convictions of repeated crimes);

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

1. The sentencing criteria [Scope of recommending punishment] and the aggravated area (one year to two years and six months) (one year to six months) of ordinary frauds (the amount of special aggravated punishment) of the same kind;

2. The Defendant, who was sentenced to criminal punishment, committed the instant crime again in the period of a repeated crime of the same kind at least four months after his release from prison, even though he was in the period of repeated crime.

In addition, it is difficult to expect that the defendant is bound to faithfully respond to the trial and the damage is also recovered.

In full view of this, it is inevitable to impose severe punishment.

However, the number of damages in this case is relatively less than 720,000 won, and the defendant suffers from the defendant.

arrow