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(영문) 수원지방법원 2015.10.08 2015고단3671
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On March 19, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on July 28, 2015.

【Criminal Facts】

At around August 21, 2015, the Defendant: (a) around 21:30, the “Ecafeteria” operated by the Victim D in Suwon-si, Suwon-si, and (b) the fact is: (c) the Defendant, despite the absence of any intent or ability to pay the price even if he was provided with alcoholic beverage and alcoholic beverage because of the lack of money at the time; (d) the Defendant, despite of the absence of such intent or capacity, ordered the Victim to pay the price; and (e) the Defendant, from the Victim, ordered the Victim to pay the price; and (e) the Defendant, from the Victim, i.e., a small-scale 1 disease,

1 cans have been provided with the cans and acquired them.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Receipts:

1. On-site photographs;

1. Previous convictions in judgment: Criminal history records, circular statements, previous dispositions, and application of reporting Acts and subordinate statutes;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental and physical illness [the scope of recommendation] general fraud [the person subject to special mitigation] and mitigation area (one to one hundred million won) (one month) and one year (the person subject to special mitigation], the person subject to mental and physical disability (the person himself/herself is not responsible), the person subject to non-adjudication/Habitual offense of the same kind [decision of sentence] re-offending again during the period of repeated offense of the same kind [decision of sentence] (the defendant is aware that he/she has an respect for alcohol, but he/she does not actively endeavor to lead a normal life, such as finding his/her father immediately after the release, and taking into account the circumstances such as the fact that the same kind of criminal offense is very high, a sentence of imprisonment is inevitable.

The period of imprisonment, together with the circumstances presented as the reasons for the sentence above, is that the accused is against the punishment and treated, the number of defraudation is one time and the amount of defraudation is less than the amount, and the damage is recovered.

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