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(영문) 창원지방법원 마산지원 2015.05.12 2015고단273

현존건조물방화예비등

Text

A defendant shall be punished by imprisonment with prison labor for not less than ten months;

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around February 17, 2010, the Defendant made a false statement to the victim E, “A shall pay the price if he/she opened a cell phone in the name of his/her own cell phone.”

However, the fact was that the credit unpaid at that time, and the other mobile phone unpaid amounted to approximately KRW 6 million, and the fact that there was no money due to the relationship between the day and the day, which was about about 6 million, and that there was no money, and thus, the victim did not have the intent or ability to pay the price even if the victim took up the mobile phone.

As above, the Defendant, by deceiving the victim and using the cell phone in the name of the victim, had the victim bear 69,210 won of the mobile phone around March 2010, and had the victim bear 468,560 won over four times from that time to June 201 of the same year, and acquired property profits equivalent to the same amount.

2. From June 2014, the Defendant, who had entered the G School located in the Mampo-gu, Changwon-si, Changwon-si, Changwon-si and did not seek his opinion when a church manager held various church events. On April 1, 2015, the Defendant purchased gasoline at the H station located in the Hapo-gu, Changwon-si, Changwon-si, Changwon-si, Gyeongwon-si, and then entered the above G School, going up to the second floor, and tried to remove the said gasoline from his body and stairs floor and put it up to the second floor.

Accordingly, the defendant prepared to stop with the church in which I and other churches are present.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, I, and J;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on claims;

1. The point of fraud of Article 347 (1) of the Criminal Act concerning the facts constituting the crime and imprisonment with prison labor;