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(영문) 창원지방법원 마산지원 2014.10.29 2014고단652
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 4, 2013, the Defendant was sentenced to six months of imprisonment for fraud in the Changwon District Court's Msan Branch, and on February 10, 2014, the Defendant completed the execution of the sentence in the Changwon Prison.

At around 23:00 on May 29, 2014, the Defendant: (a) issued an order to pay the price for the Esing shop operated by the victim D in the Haak-gun, Haak-gun; (b) despite the absence of the intent or ability to pay the price, the Defendant received a total of 3.60,000 won (2.60,000 won, 90,000 won, 10,000 won, and 10,000 won, in a way that the Defendant did not pay the price for the Esing shop.

On July 5, 2014, the Defendant: (a) around 23:30 on July 23:30, 2014, the Defendant: (b) placed a victim G in the Masan-si, Chungcheongnam-si; (c) placed a victim G in the Masan-si, Chungcheongnam-si; and (d) placed a three-way order, despite the absence of the intent or ability to pay the price, the Defendant ordered the two-way three illness; and (b) acquired a total of 6.30,000 won (50,000 won, 90,000 won, and 20,000 won, in the form of not paying the price per share.

Summary of Evidence

"2014 Highest 652"

1. Defendant's legal statement;

1. The protocol of statement of D police officers: "2014 high-ranking 652";

1. Defendant's legal statement;

1. "Criminal Power" in the police statement of G;

1. Report on the previous disposition and the result of confirmation; and

1. Application of Acts and subordinate statutes to investigation reports (pre-offender of repeated crimes and attachment of judgment);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment], the mitigation area (one to one year), the mitigation area (one to one year), the exemption area (one to one year), or a considerable partial recovery from damage, of the concurrent offenders / the defendant is against the defendant for six months of imprisonment, but the same kind of repeated crime is against the defendant for six months.

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