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(영문) 수원지방법원 안양지원 2017.07.25 2017고단461
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 10, 2015, the Defendant was sentenced to one year and six months of imprisonment due to fraud, etc. in the support for the development of the Suwon method, and completed the execution of the sentence in the Ansan Prison on October 17, 2016.

[2] Criminal facts [2017 Highest 461] The Defendant, around 04:0 on March 17, 2017, 2017, at the “E stores” operated by the victim D (hereinafter “E stores”) in Ansan-gu, Annyang-si, an order to pay the price even if he/she consumess, he/she did not have an intent or ability to pay the price, and he/she was provided with the price, etc. to the victim as if he/she would pay the price to the victim, and he/she acquired the price of KRW 220,00 won from the victim (20,000,000,000,000,000,000) (hereinafter “2017 Highest 866) on May 23, 2017, the Defendant paid KRW 240,000,000,000,0000,000,000,000).

Summary of Evidence

[2017 Highest 461]

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs and receipts for entertainment proceeds (2017 high group 866);

1. Statement by the defendant in court;

1. G statements;

1. On-site photographs (before judgment);

1. (A) of a response to inquiry, such as criminal history, and reporting on investigation (verification of the fact that the period of repeated crime is in progress due to such criminal record);

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes – the reason for sentencing under Article 38(1)2, and Article 50 of the same Act - The fact that the defendant recognized his mistake and appears to have agreed with the victim G. - Unfavorable circumstances: the defendant committed the crime of this case during the period of repeated crimes after having been sentenced to the same crime as the previous offense in the judgment

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