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(영문) 대구지방법원 안동지원 2017.07.21 2017고단385
사기
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

Reasons

Punishment of the crime

[criminal history] On October 7, 2016, the Defendant was sentenced to ten months of imprisonment for fraud in the Vice-Support of the Incheon District Court, and completed the execution of the sentence on June 9, 2017 in the Ansan Prison.

[Criminal facts]

1. From June 12, 2017 to June 12, 2017, the Defendant: (a) was provided with the victim D (victim D) in Ansan-si from around 19:50 on June 12, 2017 to around 02:45 on the following day, and (b) was provided with alcohol, etc. even if there was no money under water, as if he did not have the intent or ability to pay the price to the victim; and (c) was provided with the victim’s financial benefits equivalent to KRW 30,000 at the market price, and acquired the same amount of monetary benefits.

2. On June 16, 2017, the Defendant: (a) around 03:00 on June 16, 2017, from around 03:00 to 12:25 on the same day, provided the victim G in Ansan-si operated by the victim G from the victim G in Ansan-si; (b) provided alcohol, etc. on the ground that there was no money in water, even if the Defendant did not have an intent or ability to pay the price; (c) provided the victim with the payment as if he would have paid the price to the victim; and (d) obtained economic benefits equivalent to the amount of KRW 10 C, 10 C, 10 C, and Domina services from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Written statements of D;

1. Reporting on the arrest of each case;

1. Each internal investigation report and accompanying materials;

1. Records of the judgment: Confirmation of criminal records of the suspect and the application of the Acts and subordinate statutes on personal confinement;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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. Recommendations based on the sentencing criteria;

(a) Determinations of types: Fraud, general fraud, and type 1 (less than KRW 100 million);

(b) Special sentencing factors: Cumulative factors for identical repeated crimes.

(c) Determination of the territory of recommendation: Aggravation;

(d) Scope of recommendations:

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