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(영문) 제주지방법원 2017.04.13 2017고단469
상습사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 19, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Jeju District Court on May 19, 201, and completed the execution of the sentence in the Jeju Prison on December 3, 2016.

In addition, in the Jeju District Court on October 27, 2005, the term of the suspension of the execution of the punishment of four months for habitual fraud; the same court on October 17, 2007, the term of imprisonment of four months for habitual fraud; the same court on February 10, 2009; the term of imprisonment of six months for fraud; the same court on August 28, 2013, sentenced the imprisonment of one year for fraud to the same court on August 28, 2013; and the same court on August 28, 2013.

On March 1, 2017, the Defendant ordered alcohol and alcohol to the victim and requested the helper service in the same manner that the victim D would pay the normal price at the “E” entertainment station operated by the victim D in Seopopo City C, Seopo-si on March 1, 2017.

However, the defendant did not have sufficient cash or settlement credit cards, etc. at the time, so even if he was provided with alcohol and alcohol from the injured party, he did not have the intent or ability to pay the cost normally to the injured party.

As a result, the defendant was habitually accused of the victim, and was provided with alcohol and alcohol equivalent to KRW 170,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. On-site photographs;

1. Receipts:

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the results of investigation, and reporting on the investigation (verification of the date of release of the suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Article 351 of the Criminal Act; Articles 351 and 347 (1) of the Criminal Act; the choice of imprisonment for a crime;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] In the case where mitigation area (one month to one year), mitigation area (one year to one year) [special mitigation (i.e., special mitigation)], or considerable damage was restored / the same repeated crime.

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