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(영문) 수원지방법원 안양지원 2019.01.15 2018고단1989
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On March 10, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. in the Suwon District Court Ansan branch on March 10, 2017, and completed the execution of the sentence on December 26, 2017.

【Criminal Facts】

On November 25, 2018, at around 23:10, the Defendant: (a) performed the alcohol as if he did not have the intent or ability to pay the alcohol value; (b) received the total amount of KRW 660,00,00 from employees D, and acquired the alcohol by deception, such as the two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Receipts;

1. Previous records before ruling: Application of criminal history records, investigation reports (including the results of the disposition of the relevant case, accompanied documents), and statutes;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for a period of one to two years (the scope of recommendations) and six months (the scope of recommendations) and the aggravated area (one to two years and six months) of category 1 (the amount less than 100 million won) (one to two years and six months) of the same repeated crime;

2. Determination of sentence - Determination of favorable circumstances: The fact that the amount of damage is relatively small: The amount of punishment, including the fact that it is against the principle of good faith; the fact that it is a repeated crime of the same kind and is not agreed with the victim; the above circumstances and other circumstances of the defendant's age, character and behavior, environment, circumstances of the crime, circumstances before and after the crime, etc. shall be determined beyond the lowest limit of the sentencing criteria in consideration of various sentencing conditions

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