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(영문) 서울서부지방법원 2018.10.01 2018고단2469
사기
Text

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 15, 2017, the Defendant was sentenced to eight months of imprisonment for fraud in support of Suwon Friwon, and the execution of the sentence was completed at the Child Training Institution on March 12, 2018.

【Criminal facts】 around July 11, 2018, the Defendant: (a) received approximately KRW 410,000,000 from the injured party for alcohol and alcohol, and acquired pecuniary profits equivalent to the same amount by being provided with approximately KRW 410,00,00 from the injured party for alcohol and alcohol from around 08:00, as if he did not have the intent or ability to pay liquor, in the Seodaemun-gu Seoul Building and the “E” 1’s operation of the victim D (43:3) with the third floor; and (b) had the intent or ability to pay liquor; and (c) had the injured party for alcohol and alcohol from around 08:0.

On August 8, 2018, the Defendant: (a) around 04:49 on August 8, 2018, the Nowon-gu Police Station located in Seoul Special Metropolitan City (Seoul Special Metropolitan City, Nowon-gu); (b) was able to pay a taxi fee in a normal manner without the intent or ability to pay the taxi fee; and (c) was boarding the victim F ( South, 48 years old) on G-si operated by the victim F and laid the front of the Seoul Western Police Station.

Therefore, the defendant acquired property benefits equivalent to 16,800 won from the injured party.

Summary of Evidence

1. Previous convictions: References about criminal history and investigation reports (Confirmation during the period of a suspect A repeated crime) [2018 highest 2760 cases] [2018 highest 2469 highest 2469];

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. "Receipt, etc. 2018 Highest 2760";

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. Investigative reports (to hear statements from victims);

1. Application of Acts and subordinate statutes on a taxi charge receipt;

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

1. Selection of each sentence of imprisonment;

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

1. The former part of Article 37 of the Criminal Code aggravated concurrent crimes, Article 38(1)2 and Article 50 of the Criminal Code include several times of punishment for the same kind of crime for sentencing, and each of the crimes of this case during the period of multiple repeated crimes.

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