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(영문) 인천지방법원 2016.07.14 2016고단3055
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc., in support for the development of the Suwon method, and completed the execution of the said punishment in an Ansan prison on October 5, 2014.

[Criminal Facts]

1. A quasi-incrimination Defendant had a victim I (I, I, 37 years of age) who was known to the general public and had weak decision-making ability or decision-making ability, and had the victim open a mobile phone in the name of the victim and take advantage of the fact that he did not have decision-making ability or decision-making ability.

On June 17, 2015, the defendant called "to open a mobile phone" to the victim at the cross-scam room located in the number of 3 tins in Ansan-si around 13:00, and caused the victim to have his/her resident registration certificate reissued at the tin-dong community service center without his/her identification card, and let the victim re-issue his/her resident registration certificate at the tin-dong community service center, and allowed the victim to open 51 opphones in the name of the victim at the K located in the Scamban-gu where he/she had him/her go together with the victim, and continued to open 5 opphones in the name of the victim.

As a result, the Defendant received two mobile phones of the total amount of KRW 1,799,600 from the injured party using the mental disorder of the injured party.

2. On March 26, 2016, the Defendant: (a) at the P station operated by the Victim O located in Manan-gu N in Manan-gu, Anyang-si; (b) notwithstanding that the Defendant did not have the intent or ability to pay the drinking value, etc., the Defendant ordered the victim to drink and alju; and (c) was immediately provided by the victim with alcohol and alju, etc. in an amount equivalent to KRW 825,00,000, from the victim’s immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in Q andO;

1. A report on investigation, an application for joining, etc.;

1. Receipts and photographs; and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the confirmation of the date of termination of sentence execution);

1. Relevant Article 348(1) of the Criminal Act, Article 348(1) of the Criminal Act, Article 347(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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