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(영문) 의정부지방법원 2016.10.21 2016고단3456
사기
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On April 7, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the District Court of the Republic of Korea on August 12, 2016, and completed the execution of the sentence in the medical prison.

【Criminal Facts】

On August 21, 2016, around 20:13, the Defendant entered the Enobane of the victim D, who is in the Government-Si, and committed a criminal act as if he/she did not have the intent and ability to pay the drinking value, and would pay the drinking value, and he/she ordered the drinking and the drinking and the drinking and the drinking. The Defendant received the victim's service using the singing amounting to KRW 1.30,000 and KRW 50,000 from the victim and acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Receipts and on-site photographs;

1. Previous records: Application of criminal records, etc., investigation reports, investigation reports (the results of the search of prisoners), and Acts and subordinate statutes, such as criminal records, etc.;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] Article 35 of the Criminal Act [Article 35] General Fraud (less than KRW 100,000) [Article 1-2 of the Criminal Act] [Article 35 of the Criminal Act] [Article 35 of the Criminal Act]. The defendant has many records of criminal offenses of the same kind, and the defendant is sentenced to imprisonment with prison labor considering the following: (a) the defendant has been punished as a criminal act by an unrecognating type similar to the crime in this case; (b) the defendant has already been punished as a criminal act by the

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the total amount of damage is relatively small; and (c) the Defendant’s age, occupation, character and conduct; (d) details of the instant crime and the circumstances after the commission of the crime, etc.,

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