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(영문) 수원지방법원 안양지원 2018.01.11 2017고단1879
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to four months of imprisonment for fraud, etc. in support of the Sungnam branch of Suwon branch of August 19, 2016, and on December 17, 2016, the Defendant had the same 33 times of criminal punishment, including the termination of the execution of the above sentence in the Giju prison of December 2016.

[Criminal facts] On October 6, 2017, the Defendant made a false statement as if he would provide food and drink to the above victim, even though he did not have the intent or ability to pay food for the “D” restaurant operated by the victim C in Gyeonggi-si, Gyeonggi-si, Gyeonggi-do.

The defendant deceivings the victim as above, and was provided 11,00 won at the market price by the injured party, as well as 11,000 won at the sea.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Inquiry about criminal history and application of Acts and subordinate statutes on personal confinement;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses is not only a punishment imposed on several occasions, including a punishment due to his integrative confinement, but also a repeated crime, in particular, even though the Defendant committed the instant crime during the period of repeated crime, the responsibility for the instant crime is not easy.

However, the crime of this case was committed once more, and the amount of damage is relatively large, and the victim was agreed with the victim, and the defendant was her wife, and all of the sentencing conditions, including the defendant's age, environment, motive, circumstance, means and consequence of the crime, etc., are determined as ordered by the decision.

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