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(영문) 수원지방법원 2012.10.31 2012고단3517
사기
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

Reasons

Punishment of the crime

On October 11, 2011, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Eastern District Court and completed the execution of the sentence on June 29, 2012.

On July 28, 2012, the Defendant took an attitude that he would pay the price in spite of the absence of his intent or ability to pay the price even if he was provided with alcohol, salutism, etc. at Suwon-si C entertainment tavern on July 28, 2012, and ordered that he would make the price to D, and then, the Defendant took an order from her employee D to her salute, she was provided with 15 and 15 and 180,000 won a total amount after being provided with salute.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Copies of the business license certificate and receipts;

1. Each photograph;

1. Previous records: Criminal records, investigation reports (the date of release, confirmation of the date of release and binding of judgment);

1. Relevant laws concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty. Article 347 (Selection of Imprisonment);

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [Application of the sentencing guidelines] : The scope of sentencing recommended sentence: Imprisonment for one year or two years and six months (the selection of the aggravated area of type 1 of general fraud): Where the degree of deception is weak [ mitigated elements], where a person committed repeatedly against an unspecified or large number of victims or for a considerable period of time, the punishment for the defendant is inevitable in light of the following: (a) the repeated crime of the same kind [serious elements] - the criteria for suspension of execution of the same criminal record (aggravated elements] which does not constitute a repeated crime: (b) the criteria for suspension of execution: (a) the person committed a crime without being aware of the fact that he/she was punished as stated in the first head of the judgment [the decision of suspension of execution of sentence], other than the above criminal record, there is a history of having been a sentence of punishment for the same kind of crime, and there is no agreement with the victim.

However, the defendant's age and age, including the fact that the defendant reflects the defendant's mistake in depth and the amount of damage is relatively small.

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