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(영문) 광주지방법원 해남지원 2017.10.19 2017고단310
사기
Text

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

Reasons

Punishment of the crime

[criminal records] On October 19, 2016, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Gwangju District Court on December 24, 2016, and completed the execution of the sentence at the Gwangju District Court on December 24, 2016. On March 16, 2017, the Defendant was sentenced to six months of imprisonment for fraud in the Southern District Court of Gwangju District on March 16, 2017 and completed the execution of the sentence at the Gwangju District Court on July 19, 2017.

[2] Around August 27, 2017, the Defendant, along with the Defendant, ordered alcohol and alcohol to the victim despite the absence of the intent or ability to pay the price even if he/she received alcohol and alcohol from the injured party due to the lack of money, at the “F” entertainment points operated by the victim E in South-Namnam-gun, Namnam-gun, as of August 27, 2017.

The Defendant, in collusion with C, by deceiving the victim as above, received the victim from the victim, namely, a sum of KRW 100,000,00 in the market price from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. E statements;

1. Receipts, on-site photographs;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes of one copy, such as a written reply to inquiry, such as criminal history (A), a report on investigation (written confirmation of a repeated crime, etc.);

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

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

1. Application of the sentencing criteria [Scope of the recommended punishment] General frauds of category 1 (less than KRW 100 million) and the aggravated area (one year to two years and six months) (person subject to special aggravated punishment) of the same type;

2. The Defendant, who was sentenced to criminal punishment, committed the instant crime again immediately after being released from prison, while serving in the same kind of crime.

Considering the fact that the defendant repeats an act without awareness of an offense, did not make any effort to recover damage, and did not receive a letter from the injured party, the sentence of imprisonment to the defendant is inevitable.

However, the defendant reflects his fault.

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