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(영문) 의정부지방법원 2018.01.08 2017고단5305
사기
Text

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

Reasons

Punishment of the crime

On September 28, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court, and completed the execution of the sentence on February 1, 2017.

On June 27, 2017, at around 06:20, the Defendant: (a) inducedd the victim as if he did not have the intent or ability to pay the price; (b) had the victim paid it; and (c) acquired the victim with alcohol and food equivalent to the total market value of KRW 9,00,00, such as bones, divers, divers, and 1 C, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note, invoice, and criminal report;

1. Previous convictions: References to inquiries, such as criminal history, current status of personal confinement, investigation reports (prior convictions and attachment of same type of repeated crimes), application of Acts and subordinate statutes governing repeated crimes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment under the law] 20 years of imprisonment with prison labor ] 20 years or less [the type of judgment below 100 million won] / The area of aggravation of general fraud [the scope of punishment ] : Imprisonment with prison labor for one year to two years and six months [the scope of punishment] : although the defendant committed the instant crime within the period of repeated crime and committed the same criminal records, although he was committed during the period of repeated crime, he/she was committed against the confession of the crime, the amount of damage is small, and he/she was under appeal after being sentenced to imprisonment with prison labor for fraud, etc. at the Government District Court on November 24, 2017 (the court 2017No3487).

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