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(영문) 인천지방법원 2021.02.25 2020고단10742
사기등
Text

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

Reasons

Punishment of the crime

[criminal history] On March 11, 2020, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the support of Suwon Friwon, and completed the execution of the sentence in the Chuncheon Prison on October 26, 2020.

[Criminal facts]

1. On November 23, 2020, around 19:05, the Defendant, at the main point of “D” of the victim C’s operation located in Dong-gu Incheon Metropolitan City’s Dong-gu, the Defendant: (a) committed as if he did not have the intent or ability to pay the price even if he did so; (b) and (c) obtained the payment of the price to the victim as if he did not have the intent or ability to pay the price; and (d) obtained the payment of the price from the victim and acquired it by

2. The Defendant, on the same date and time, at the same place, and on the grounds that he did not pay the alcohol value, requested mobile phones or bags to be used as evidence instead of the foregoing victim’s drinking value, and assaulted the victim by hearing the horses “,” and getting off the victim’s left shoulder on the part of his own bank.

3. The Defendant interfered with his duties at the same time, at the same place, and for the foregoing reasons, the Defendant interfered with the victim’s main management by force by avoiding disturbances for about 20 minutes, including: (a) the Defendant, among the other customers at the end of the vision, by scaming three tables by hand; and (b) the inside and drinking scams on the scam, which were on the scambbbb

Summary of Evidence

1. Statement by the defendant in court;

1. C photographs showing the police statement at the scene of crime;

1. A report on internal investigation (9) and an investigation report (7) on internal investigation;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 260(1) of the Criminal Act (the point of violence), Article 314(1) of the Criminal Act (the point of interference with business), and the choice of imprisonment for the crime;

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

1. The defendant, on the grounds of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, recognizes his/her mistake.

However, the defendant was sentenced to imprisonment for the same crime and was released from prison.

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