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(영문) 의정부지방법원 2017.03.13 2016고단5480
사기
Text

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

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to six months of imprisonment with prison labor at the District Court for fraud, etc. and completed the execution of the sentence on August 16, 2016.

On October 2, 2016, the Defendant, even though he did not have the intent or ability to pay the food value in “R cafeteria” in the operation of the Victim Q Q Q in P at the Yang-si, the Defendant, by deceiving the victim as if he would pay the food value, received orders for food equivalent to the total of 11,000 won of the market price, such as one sugar, one liquor, and one drinking water, by deceiving the victim, and did not pay the above food value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of Qua;

1. Before judgment: Application of the Acts and subordinate statutes in which inquiries about criminal history and investigation reports (the fact that the period of repeated crime is in progress) are written;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the punishment under the law] 20 years of imprisonment with prison labor (the type of decision) / [the person subject to special sentencing] / The element for mitigation of the same repeated crime among the fraudulent crime group / [the scope of the punishment] : The basic area for mitigation of the same type of repeated crime: From June to June to March / [the scope of the punishment recommended] although the defendant committed the crime in this case within the period of repeated crime and was committed for the same kind of crime, although in March 2, 2016, the defendant was led to the confession of the crime in this case, the amount of damage is small and the amount of damage is agreed with the victim, and on December 22, 2016, the court sentenced the lowest limit of the punishment recommended under the sentencing guidelines, taking into account the fact that the court was sentenced to six months of imprisonment with prison labor for fraud and continues to appeal.

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