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(영문) 수원지방법원 2015.01.12 2014고단3816
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Majority Offense] On October 12, 201, the Defendant was sentenced to six months of imprisonment for fraud at the Suwon District Court, and the execution of the sentence was terminated on November 3, 201.

【Criminal Facts】

Defendant without intention or ability to pay alcoholic beverage and alcoholic beverage payments;

1. On July 11, 2014, around 05:00, the victim D Operation E in Suwon-gu, Suwon-si, and ordered 15,200,000 won in total, to be 15,000,000,000,000 won, and 2,000,000,000,000 won;

2. On September 18, 2014, around 22:27, 2014, the victim G operational G entertainment bars, which were located in the Gamban City F, ordered a total of KRW 400,000,00,000, to drink 22 diseases, and one day, and acquired it from each victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Detailed statement and summary statement;

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] the mitigation area (one to one year) of types 1 (one hundred million won) of the general fraud (one to one year) [in a case where special mitigation (a) is granted] or considerable damage is recovered, the scope of sentencing comparison between the punishment for the same repeated offender and the recommended punishment / The scope of sentencing comparison between the punishment for the same repeated offender and the recommended punishment: one month to one year (decision of sentencing) shall be set by six months.

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