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(영문) 춘천지방법원 강릉지원 2016.08.31 2016고단859
사기
Text

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

Reasons

Punishment of the crime

[Attempted Crime] On September 19, 2014, the Defendant was sentenced to six months of imprisonment and a fine of 1.5 million won by obstructing the performance of official duties at the Ulsan District Court on September 19, 2014, and completed the execution of the sentence at the Ulsan Detention House on November 28, 2014.

[2] On June 30, 2015, the Defendant issued an order to pay the amount to the victim E (the 49 years of age) with the victim D (the 43:00 on June 30, 2015), despite that the Defendant did not have any intent or ability to pay the amount because of the lack of cash or settlement cards, etc., the Defendant issued an order to pay the amount to the victim as if he would have paid the amount. The Defendant received from the victim the order to pay the amount of money, such as liquor and alcohol, and entertainment entertainment entertainment services, which is equivalent to KRW 200,00 in the market price, KRW 50,00 in the same place, KRW 90 in the total amount of KRW 20,00 in the market price, KRW 40,00 in the amount of KRW 50,00 in the market price.

As above, the Defendant had acquired the economic benefits equivalent to the total amount of KRW 350,000 in the market value by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Written statements of D;

1. Receipts:

1. All on-site photographs;

1. Previous convictions indicated in judgment: Requests for inquiry, such as criminal history, reports on investigation (the confirmation of crimes during the period of repeated crime), and application of Acts and subordinate statutes on personal confinement;

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. In light of the reason for sentencing Article 35 of the Aggravation of Aggravation of Cumulative Offense Act Article 35 of the Aggravation of Cumulative Offense Act, the punishment is inevitable in the light of the following: (a) the offender committed the crime of the same kind during the period of repeated crime and was punished by a fine, and (b) the offender lives for a long time as well as commits a separate recidivism.

Provided, That the fact that the defendant is late, the growth environment, family environment, etc. of the defendant shall be determined in accordance with the order of the defendant in consideration of favorable circumstances.

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