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(영문) 대전지방법원 홍성지원 2016.04.25 2016고단40
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court on November 12, 2014, and completed the execution of the sentence at the Incheon Northern Detention Center on September 13, 2015.

【Criminal facts” around September 13, 2015, around 19:15, the Defendant requested to change the victim’s right to KRW 10,000 from the “E” coffee shop operated by the victim D on the first floor of Jung-gu Seoul, Seoul, to four pages of 50,00 won.

The defendant was granted the four 50,00 won laps from the injured party, but he was in possession of one laps, although he was given the four laps.

After changing the 5,000 won from the 4,00 won of the 5,00 won original right to the 45,00 won of the difference from January 8, 2016, the victim made a false statement as to the 50,000 won of the 50,00 won right to the 50,000 won right to the 50,00 won right to the 50,000 won right to the 50,000 won right to the 5,00 won right to the 45,00 won in the 5,00 won right to the 460,000 won in total from the time

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, I, J, K, D, and L;

1. Each investigation report (the face of a suspect's photograph);

1. Each CCTV image photograph, a method taken under the bottom, CCTV images, and each CCTV image;

1. Previous convictions: Application of the results of inquiry, such as criminal history, and investigation reports (Attachment to the same type of judgment, etc.);

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

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

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and other conditions of all the sentencing recorded in the records, such as the defendant's age, sex, environment, and circumstances before and after the instant crime, shall be determined as ordered by taking into account the following circumstances.

The crime of this case was committed during the period of repeated crime due to the same crime (the crime from the date of release, the same kind of law), the crime was committed with poor and planned methods, and 20 times as the same crime.

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