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(영문) 인천지방법원 부천지원 2015.04.29 2015고단303
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On April 23, 2013, the Defendant was sentenced to one year of imprisonment for fraud in the Suwon District Court’s Ansan Branch, and the execution of the sentence was terminated at the Sungsung Vocational Training Correctional Institution on April 19, 2014.

【Criminal Facts】

To the extent that it does not affect the defendant's exercise of the right of defense, the facts charged are organized (victim F is arranged as victim D) and criminal facts are recognized as follows:

On February 6, 2015, the Defendant, at around 03:00, obtained the alcohol and the alcohol in an amount equivalent to 2.50,000 won in total from the victim by deceiving the victim, who is located in the 7th floor of Bupyeong-gu Seoul Special Metropolitan City, Busan Special Metropolitan City C building, even though he does not have the intent or ability to pay the alcohol value, and obtained it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement concerning F in the police statement;

1. Entry of the receipt; and

1. Previous records of judgment: Application of each Act and subordinate statute of criminal history records, investigation reports (report on confirmation of the date of release from the last sentence of a suspect), investigation reports (a copy of the judgment of the same kind of case, etc.);

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

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] General Fraud (less than KRW 100 million) (one month to one year) mitigation area (the person subject to special mitigation] / normal conditions for the same repeated crime (the decision of sentencing): The defendant has a record of being punished more than 30 times as a crime of fraud; most of them have been punished by fraud; the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case without being aware of the fact that he committed the crime of this case in the entertainment tavern, etc. like the crime of this case; and the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case during the period of repeated crime, and other circumstances under Article 51 of the Criminal Act, comprehensively taking into account the circumstances of Article 51 of the Criminal Act,

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