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(영문) 부산지방법원 2018.05.15 2018고단1403
사기
Text

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

Reasons

Punishment of the crime

On May 30, 2017, the Defendant was sentenced to one year of imprisonment for fraud in the Busan District Court Western Branch, and on March 28, 2018, the execution of the sentence was completed in Busan Correctional Institution.

On March 31, 2018, around 02:25, the Defendant issued an order for alcohol, alcohol, etc. to the victim D, which was operated by the victim D, located in Busan Jin-gu C, Busan, for the following reasons: even if the victim received alcohol, alcohol, and alcohol, etc. from the victim, the Defendant, despite having no intent or ability to pay the price, was done as if the victim would pay the price normally.

In this respect, the Defendant, as seen above, got the victim from deceiving him, who was provided the victim with an alcoholic beverage of KRW 310,000, a total market price of KRW 310,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to search results of prisoners), and Acts and subordinate statutes;

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. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the aggravated area (one year to two years) (one year and six months), and the repeated offense of the same kind;

2. Circumstances that are disadvantageous to the determination of sentence: The amount of damage, which is relatively less and less favorable to the fact that the execution of sentence for the same kind of crime has been completed within 3 days from the completion of the execution of sentence for the same kind of crime: The amount of damage has been committed only once, and all of the sentencing conditions, such as the defendant's age, sex, environment, motive, means, results, and circumstances after the crime, shall be taken into account.

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