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(영문) 광주지방법원 해남지원 2018.05.17 2018고단102
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On April 20, 2017, the Defendant was sentenced to ten months of imprisonment for fraud in the Gwangju District Court’s net support, and completed the execution of the sentence in the Gwangju District Court on December 12, 2017.

[2018 High Order 102] On March 13, 2018, the Defendant issued an order to the victim for alcohol, alcohol, etc. to the victim, etc., even though the victim D does not have cash or means of settlement in his/her possession and did not have any intent or ability to pay the price.

The Defendant, as such, by deceiving the victim, received the victim, from the victim, the sum of KRW 875,00,00, such as the two weeks, KRW 3 sick, KRW 5 sick, and KRW 875,00,00, and the service charges for entertainment reception workers, from the victim.

[2018 Highest 124] On February 26, 2018, the Defendant: (a) at the entrance of the Seongbuk-si in Busan, Seopo-si, Seopo-si, Seopo-si, Seopo-si, around 19:59, the Defendant deceptioned the victim as if he/she had the intent or ability to pay taxi expenses by boarding a G taxi operated by the victim F even though he/she did not have the intent or ability to pay the taxi expenses; and (b) caused the victim to operate the bus to the bus terminal in Seopo-dong, Seopo-si, the Defendant failed to pay 40,100 won for the taxi expenses.

Summary of Evidence

[2018 Highest 102]

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Receipts:

1. On-site photographs (2018 Height 124);

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Receipts:

1. Photographs (previous record of judgment);

1. Written inquiry about criminal history, etc.;

1. Each judgment;

1. Application of Acts and subordinate statutes concerning personal confinement;

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

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. Where the sentencing criteria are applied [the scope of the recommended punishment] and the area of increase in types 1 (less than KRW 100 million): Imprisonment for one year to 2 years (person subject to special aggravated punishment) for the same type of repeated crime;

2. Determination of sentence;

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