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(영문) 창원지방법원 통영지원 2017.03.15 2017고단191
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment for habitual fraud at the Changwon District Court on June 13, 2014, and completed the execution of the sentence at the Changwon Prison on December 7, 2014. On December 23, 2015, the Changwon District Court sentenced ten months of imprisonment for fraud in the Changwon District Court’s territorial branch, and completed the execution of the sentence at the Changwon Prison on August 28, 2016. On August 4, 2016, the Defendant was sentenced to two months of imprisonment for interference with business in the Changwon District Court’s establishment of the Changwon District Court, and completed the execution of the sentence in the Changwon Prison on October 28, 2016.

[2] The Defendant issued an order for alcohol to the victim as if he would pay the alcohol value to the victim E on January 7, 2017, even though the Defendant did not have certain occupation and income and did not receive any alcohol from the victim C even though he did not have any intent or ability to pay the alcohol value even if he did not receive any alcohol from the victim C because there was no money during the process of being in fact, and obtained it by deceiving the victim after receiving 20,000 won of the market value from the female as if he would pay the alcohol value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim C;

1. A receipt for the value of alcoholic beverage;

1. Previous conviction: Application of a reply to inquiry about criminal history, a report of investigation (Attachment of a report on criminal history related to the same criminal history of the suspect), the text of the judgment, and the personal confinement status;

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

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

1. From one month to twenty years of imprisonment with prison labor for a prison labor within the scope of punishment by law; and

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the aggravated area (one year to two years) (one year and six months), and the repeated offense of the same kind.

3. From around 2001, the Defendant had a record of being punished by a fine or imprisonment for a more than one hundred times due to fraud and habitual fraud; the Defendant committed the instant crime during the period of repeated crime of the same kind; did not recover damage; and appears to have committed the instant crime under the initial plan.

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