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(영문) 수원지방법원 2012.11.14 2012고단4760
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 26, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Sungwon District Court Sungnam Branch, and on May 24, 2010, the period of said suspension was six months after the Defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. at the Seoul Eastern District Court, which became final and conclusive on June 1, 2010, and the sentence of said suspension became null and void and the execution of the said sentence was completed on June 30, 201.

On November 20, 201, the Defendant: (a) around October 20, 201, on the roads of the bus terminal in front of the bus terminal, even if he was unable to pay the taxi fee even if he was on board the taxi; (b) on the other hand, as if he were to pay the taxi fee, the Defendant boarded U-si of the victim T-cab and had the victim drive approximately 10km from the bus terminal to the nearby area of the Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do; and (c) did not pay KRW 7,200,00.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Tactact; and

1. A previous conviction in judgment: An inquiry report, an inquiry report, a report on the results of confirmation of the previous disposition, and the application of statutes on the status of confinement for each individual;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Although the crime is committed during the period of repeated crimes for the same type of sentencing reason under Article 35 of the Criminal Act among repeated crimes, the crime is not good, the amount of fraud is a small amount, and the defendant appealed from the Sungwon District Court's Sungnam branch on September 27, 2012, which was sentenced to imprisonment for fraud on one year and two months and is pending in the appellate trial trial, and the judgment of the appellate court is in progress, taking into account the circumstances such as equity in the case at the same time with the above case and the status of the defendant's health, etc., the scope of recommendations according to the sentencing guidelines (the range of recommendations [the range of fraud crimes, category 1 (less than 100 million won), the aggravated area caused by the same repeated crime, one year or two years

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