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(영문) 서울북부지방법원 2014.11.12 2014고단3086
사기
Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 6, 2013, the Defendant was sentenced to ten months of imprisonment for fraud in the Busan District Court’s Vice-Support, and completed the enforcement of the sentence at the Incheon Detention House on May 14, 2014.

【Criminal Facts】

On August 12, 2014, around 15:30 on August 12, 2014, the Defendant requested D to exchange 10,000 won and 50,000 won and 50,000 won and 50,000 won and 50,000 won and 50,000 won and 260.

The Defendant changed one of the 50,000 won 50,000 won 0,000 won 50,000 won 50,000 won 50,000 won 50,000 won 50,000 won 50,000 won 50,000 won 50,000 won 50,000 won 50,000 won 50,000 won 50,000 won 50,000 40,000 won 50,000, which was delivered to D after the Defendant received 50,000 won 4 from D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous records of judgment: A inquiry report on criminal records, etc., a report on the results of confirmation, and the application of Acts and subordinate statutes reporting criminal investigations;

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

1. Article 35 of the Criminal Act of Aggravation of repeated crime does not have substantial damage to the reason for sentencing, the damage has also been recovered, and the defendant's reflection is a favorable condition.

However, the defendant has reached 20 times the same criminal records, and the defendant was sentenced to 10 months of imprisonment with prison labor for a crime under the same law and was sentenced to a second offense immediately after the release of the defendant, and there is no previous conviction, and all other circumstances including the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, and circumstances after the crime shall be determined as ordered by the

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