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(영문) 인천지방법원 부천지원 2017.08.31 2017고단1730
상습사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 19, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Southern District Court, and on June 29, 2017, in addition to the completion of the enforcement of the sentence in the Seoul Southern District Court, the Defendant had the same criminal record on 28 occasions more than 28 times. The most of the criminal records are the fraud of the law without prison labor.

At around 02:00 on August 1, 2017, the Defendant: (a) completed the execution of the sentence and completed the execution of the sentence, and completed one week after the date of release from the prison; and (b) entered “singing”, which is an entertainment store for the operation of the Victim D, located in Seocheon-si, Macheon-si; and (c) notwithstanding the absence of any intent or ability to pay the said amount, the Defendant would normally pay the amount to the victim; (b) ordered the victim as if he would pay the said amount normally; and (c) obtained the said amount of alcohol, alcohol, and alcohol, etc. from the damaged person, namely, by obtaining a total amount of KRW 720,00,00 from the market price, and acquired it habitually

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D (List 3);

1. Receipts (List 1), sentence of judgment, etc. (List 10);

1. Photographs (List 2);

1. Previous conviction: A list of inquiries about criminal history (4) and personal confinement status (11);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the crime in the judgment, the method of crime, and the period until the crime is committed after release;

1. Relevant Articles 351 and 347 (1) of the Criminal Act and Articles 351 and 347 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Code of Aggravation of Aggravation of Aggravation of Cumulative Offense: 14 times the sentence including the previous offense in the judgment; 14 times the suspended sentence; 13 times the suspended sentence; 13 times the same criminal and 29 times the exemption from the sentence; 29 times the previous offense; 3 times the previous offense in the case where the previous offense in the judgment regarding the same kind of criminal act was committed; and 4 times the repeated offense in the case where the previous offense in the judgment regarding the same kind of criminal act was committed again at the end of about one week; 3. The crime in the case of this case is very bad, and there is no room to open any further, the same or similar crime is committed.

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