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(영문) 인천지방법원 2016.03.31 2016고단1054
사기등
Text

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

Reasons

Punishment of the crime

[Criminal record] On May 7, 2015, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence on November 28, 2015.

[Criminal facts]

1. On February 26, 2016, at around 22:00, the Defendant received food equivalent to KRW 450,000,00, in total, from the victim D, who was in the Bupyeong-gu Incheon Bupyeong-gu, by ordering alcohol as if he did not have any intent or ability to pay the food value, and even if he did not have any intent or ability to pay the food value, he/she received food equivalent to KRW 250,00,000, such as two sick and 25 sick.

2. On February 27, 2016, the Defendant who interfered with his/her business does not pay the value of food or drink at the place specified in paragraph (1) above, or at the place specified in paragraph (1) above on February 27, 2016.

The victim expressed his desire with a large sound, “I am equal to a bit of a bitch, bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs, receipts, and permits;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, report on investigation (A), confirmation during the period of repeated offense, and attachment of criminal records and judgment);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the fraud point, the choice of imprisonment with labor), and Article 314 (1) (the point of interference with business and the choice of imprisonment with labor);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Class 1 Crimes (Fraud) / General Fraud / [Extent of punishment for recommendation] / Category 1 (less than KRW 100 million) in the increased area (one year to two years) / Special Aggravation / One year and six months) in the same type of repeated crime;

(b) Class 2 Crimes (Obstruction of Duties) [Scope of Recommendation] Obstruction of Duties and No. 1 (Obstruction of Duties) (No person with no special sentencing sentencing in June to January).

(c) The scope of final sentence due to the aggravation of multiple offenses: one year to three years.

2. Determination of sentence;

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