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(영문) 제주지방법원 2016.05.19 2016고단595
사기
Text

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

Reasons

Punishment of the crime

[2] On August 22, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Jeju District Court, and completed the execution of the sentence at Jeju Prison on February 28, 2015.

[2] On March 18, 2016, the Defendant: (a) committed an act as if he would pay the drinking value despite the absence of the intent or ability to pay the drinking value; (b) was provided to the injured party with an alcoholic beverage and the alcoholic beverage equivalent to KRW 290,000 at the market price, including two concurrent weeks of the drinking; and (c) was provided from March 30, 2016, as indicated in the list of crimes in attached Table 4 times until March 30, 2016, the Defendant provided alcoholic beverage and the alcoholic beverage equivalent to KRW 1,150,000 in total, as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of D, F, G, and H;

1. Each investigation report (referring to a victim's counter-investigation, or an investigation into the ability to pay the initial drinking value), and an investigation report;

1. Each receipt and each statement of the drinking value;

1. On-site photographs and photographs of the suspect;

1. Previous convictions: Application of a reply to inquiry, investigation report (verification of the details of release from a suspect A), result of the search of prisoners, Supreme Court ruling (Do 1554 Do 2014 Do 15554 Do), each of the judgment (No. 2014 Do 2014 Do 2014 Do 2017 Do 2017 Do 2017

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Extent of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud [the scope of the recommended punishment] and the mitigation area (one month to one year) [the special sentencing factors] mitigation factors: Where the punishment is not imposed or considerable damage is recovered, the aggravated factor: The same repeated offense;

2. The Defendant’s age, sex, environment, background leading up to the instant crime, means and result, circumstances after the instant crime, and other various sentencing conditions as shown in the pleadings are considered. In particular, the following are considered.

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