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(영문) 대구지방법원 안동지원 2014.02.19 2014고단1
사기
Text

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

Reasons

Punishment of the crime

On February 20, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court, and completed the execution of the sentence on September 5, 2013.

On November 13, 2013, from around 21:14 to 09:00 on January 2, 2014, the Defendant stated that “the Defendant would pay a fee for use” to the victim as if he did not have any intent or ability to pay the fee, even if using a computer, and was provided with computer services and food equivalent to KRW 2,421,90 in total by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A screen for the calculation of charges;

1. A report on investigation (Correction of the amount of damage);

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records, etc., each investigation report (report on records file, such as the previous records and the court rulings, and report on the binding of records on the number and accommodation status of each suspect A);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is about 40 times the number of times the defendant committed a crime under several methods similar to this case, and even though he had been sentenced to a punishment for the same kind of crime, he continues to repeat the same crime despite several times. In particular, the crime of this case is a crime during the period of repeated crime as indicated in the judgment, and does not reach an agreement with the victim, etc., the defendant may not be sentenced to any punishment.

Provided, That the same sentence shall be sentenced in the same manner as the order, reflecting the favorable circumstances, such as the fact that the defendant is living against the defendant while making a confession of the crime, and the family environment, family relationship, health status, and the degree of damage amount

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