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(영문) 수원지방법원 2016.10.11 2016고단4449
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to five months of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence on July 24, 2016.

At around 02:30 on July 27, 2016, the Defendant: (a) acted as if the victim D would pay the amount normally to the victim at five Eju stores operated by the victim D, the wife population C; (b) ordered both states, etc.; and (c) ordered “the name of the recipient who provided the adjacent loan.”

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, alcohol, and entertainment services from the victim.

The Defendant received a total of 370,000 won alcoholic beverages and entertainment services from the victim, such as the cost of the two-way sets and entertainment loans, and acquired financial benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports and personal confinement status;

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 the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] Article 35 of the Criminal Act: (a) the mitigated area of category 1 (less than KRW 100 million) (one to one year) [the person subject to special mitigation] / [decision of sentence] the defendant has the record of criminal punishment several times for the same crime (in addition, three times of actual punishment, one time of suspended sentence, and eight times of fine) and the defendant has committed the crime of this case for the same repeated crime (in addition, the defendant was released from prison, three days of suspended sentence) and three days of repeated crimes; (b) his mistake is recognized and against it; (c) the acquired amount is small; and (d) the fact that the victim has fully agreed with the victim after repaying the damage is considered in favorable circumstances; and (d) the punishment is determined as ordered by taking into account all the sentencing conditions set forth in the arguments of this case, such as the age, character and behavior of other defendants, motive of the crime, motive of the

It is so decided as per Disposition for the above reasons.

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