logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.02.03 2016고단58
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 3, 2014, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court on July 3, 2014, and completed the enforcement of the above sentence on April 29, 2015.

1. On December 30, 2015, at the main point of “E” operated by the victim D of the victim D in the Southern-gu Incheon Metropolitan City, Nam-gu, and the second floor around 19:30 on December 30, 2015, the Defendant ordered the victim to provide the victim with alcohol and service equivalent to the sum of KRW 620,00,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000, and00,000,000,000,00,000 won.

2. On December 31, 2015, the Defendant received alcohol and service equivalent to KRW 310,00,00,00 in total from the injured party, i.e., KRW 1 bottle C, 15,00,00 in the amount of KRW 15,00 in the market price, namely, KRW 15,00 in the amount of KRW 280,00 in the market price, from the point of “H” operated by the injured party G on the south-gu Incheon Metropolitan City, and KRW 2,00 in the amount of money.

Accordingly, the defendant, by deceiving victims, acquired financial benefits of 930,000 won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Each field photograph and each receipt;

1. Previous convictions: References about criminal history, inquiry about the number and confinement status of each individual, confirmation of his/her previous convictions, and application of attached statutes, such as judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Scope of the sentencing guidelines [the scope of the recommended sentence] of the general fraud [the scope of the recommended sentence], the area of aggravation (one year to two years] (one year and six months), and the same type of repeated crime;

2. The fact that the decision-making criminal defendant recognized the crime of this case and reflected the crime of this case, and that the amount of fraud of this case is not much.

arrow