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(영문) 인천지방법원 2019.10.01 2019고단5589
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 27, 2018, the Defendant was sentenced to eight months of imprisonment for fraud in the Suwon District Court Pyeongtaek Housing Site, and completed the execution of the sentence on February 3, 2019.

At around 23:30 on August 15, 2019, the Defendant told the employees E to change “Skblue Skblue and Skblue” from the “D' stores on the first floor of the Yeonsu-gu Incheon Building C operated by the Victim B.

However, the defendant did not have any money at the time and did not have any intention or ability to pay the money normally even if he received drinking and food from the victim because there was no particular income.

After all, the Defendant, as above, by deceiving E and deceiving it, obtained 160,000 square meters of the market price owned by the victim from Dong Dong, 450,000 square meters of 160,000 square meters of the market price owned by the victim, and acquired 198,000 won of 8,000 square meters of the market price, and 330,000 square meters of 8,000 square meters of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Receipts:

1. Previous convictions indicated in judgment: Application of criminal records, etc., investigation reports (verification of the expiration of the term of punishment of a suspect), and statutes;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Aggravation factors of less than KRW 100 million [Special Aggravation] of the ordinary fraud [Type 1] of less than KRW 100 million according to the sentencing guidelines: In the area of aggravation of the same repeated crime [the area of recommendation and the scope of recommendations], imprisonment with labor for one to two years, and six months;

2. The Defendant, who was sentenced to criminal punishment, committed the instant crime again during the period of repeated crime, even though he had the same criminal record as that of a series of meetings.

The crime of this case is not a livelihood-oriented crime, where a high-priced two owners were involved in the crime.

On August 6, 2019, the Defendant committed a crime of misappropriation.

After the crime of this case, the Defendant asserted with the victim and avoided the disturbance, and the circumstances after the crime are not good.

Therefore, the defendant is liable for the crime.

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