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(영문) 인천지방법원 2014.05.01 2013고단2876
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On August 1, 2007, the Defendant was sentenced to 8 months of imprisonment with labor for forgery of a private signature, etc. by the Incheon District Court, and the execution of the sentence was terminated at the Incheon Detention House on December 9, 2007.

【Criminal Facts】

1. On February 9, 2008, the Defendant acquired financial benefits equivalent to the above amount by failing to pay the alcohol price, even though he received an order for alcohol and alcohol equivalent to KRW 230,000 at the market price from the main point of “D” located in Seo-gu Incheon, Seo-gu, Incheon, operated by the Victim B, in spite of the lack of intent or ability to pay the alcohol price.

2. On February 9, 2008, after the Defendant was arrested with the foregoingless type, the Defendant pretended to be F, a carrier, who was in charge of police officers in the Incheon Western Police Station E District, who was requested to present his identification card from the person in charge of police station E District, and used the forged private document to the police officer in charge of not knowing such fact at the same place, for the purpose of utteringing and exercising F’s personal information, the confirmation person of the letter of suspect interrogation, the statement column of the suspect interrogation statement, the confirmation person of the investigation process, and the F using the official seal in the confirmation column of the investigation process, with the intention to enter “F” as “F”, respectively, and used the forged private document.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Invoice;

1. A report on investigation (attaching investigation records);

1. Investigation report (related to telephone conversations);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports, etc.;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (the point of fraud), Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, there are several cases in which the defendant had already been committed for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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