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(영문) 서울중앙지방법원 2016.04.21 2016고단1133
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal record] On May 10, 2012, the Defendant was sentenced to three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at the Ansan Prison on March 4, 2015.

[Criminal facts] The Defendant committed a crime at a marriage hall as if he was a related person such as a relative of a married party or a subordinate, etc., and determined that he was able to steal an envelope containing a congratulatory money submitted by other guests or take food by granting a food ticket to other guests.

Around 14:00 on February 27, 2016, the Defendant: (a) took place in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government Form “D” Form; (b) took place as if he was the relative of other victims E, etc.; and (c) accessed the place where the money was received; (d) was issued from F, the Defendant received a letter of food right equivalent to KRW 34,000,000 from F, which is able to use the said wedding restaurant; (c) received by the victim-friendly recruitment G; and (d) took three bags containing approximately KRW 250,00,000 in cash from January 30 to 40, 2016, including by taking out three bags containing approximately KRW 250,00 in cash.

2. From the time of 2:30 on December 28, 200, he stolen the plastic bags equivalent to KRW 2,969,000 in total nine times, as shown in the list of annexed crimes, and obtained the right of food and acquired it by fraudulent means.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Each police statement made with respect to H, I, J, E, K, and L;

1. Each statement prepared by M, N,O, and P;

1. Police seizure protocol (criminal record);

1. Inquiry about criminal history;

1. Application of Acts and subordinate statutes of an investigation report;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense and Articles 327 (1) and 347 (1) of the Criminal Act concerning the choice of punishment (the point of fraud and the choice of punishment by imprisonment);

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

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Act on the Aggravated Punishment of Concurrent Crimes is that there are many criminal convictions in the same manner as stated in the judgment of the defendant, and the defendant was released from prison.

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