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(영문) 대구지방법원 서부지원 2017.09.21 2017고단1695
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On September 8, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Gangnam Branch Branch of the Chuncheon District Court on September 8, 2016, and completed the execution of the sentence at the Daegu Prison on July 6, 2017.

On July 9, 2017, the Defendant: (a) around 23:00 on July 23:0, 2017, the fact at the main point of the Victim D Operation E in Daegu Seo-gu, Seo-gu, had no cash or credit card, etc.; (b) thus, the Defendant ordered the victim to pay the alcohol value, etc. while doing so as to allow the victim to pay the alcohol value, etc.; and (c) received the alcohol amount of KRW 205,00,000 from the victim and acquired the alcohol amount of KRW 205,00.

on July 9, 2017, the Defendant: (a) from “H” operated by the victim G in Daegu-gu, Seo-gu, Daegu on July 22:30, 2017; and (b) approximately KRW 60,000,000 won, a cash owned by the victim in the damage from the victim G using the cresh in which the victim was locked.

L. A. L. theft was committed.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

"2017 Highest 1695"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report of internal investigation (Evidence 1) 2017 Highest 1938;

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. On-site photographs, investigation reports (list of evidence), CCTV video data CDs "before the judgment;

1. Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, report on internal investigation (Attachment to results of search by prisoners), report on internal investigation (Attachment to detailed information on the same criminal history case), and report on investigation (Attachment to such previous judgment, etc.);

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for each type of crime;

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

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

1. Sentencing criteria;

(a) Class 1 Crimes (Fraud) / General Fraud / [Extent of punishment for recommendation] / Category 1 (less than KRW 100,000) / [one year to two years] / Special Aggravation / One year and six months] / Same type of repeated crime;

(b) second offence (thief).

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