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(영문) 대구지방법원 2014.02.20 2013고단6811

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant committed the death of D around February 13, 2008 as if the mother of the Defendant, who is a soldier’s bereaved family member, at the Busan Dong-gu, Busan, without reporting to the Republic of Korea by the victim, and as if D remains alive, from March 25, 2008, KRW 1,263,750 per month from January 209, KRW 1,289,020 per month from January 209, KRW 1,325,110 per month from January 201, KRW 1,363,530 per month from January 1, 201, KRW 1,409, KRW 770 per month from January 201, and KRW 1,363,530 per month from January 201, KRW 1,409, KRW 770 from January 1, 2012 every month from January 201, respectively.

3. By the end of 25.20, the survivor pension paid to D in 1,440,780 won each month was received and delivered in total 81,609,000 won.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written confirmation of military personnel pension payments;

1. A death certificate;

1. Family relation certificate:

1. Application of Acts and subordinate statutes, such as resident registration cards;

1. Article 347(1) of the Criminal Act applicable to criminal facts and Article 347(1) of the choice of criminal punishment (a comprehensive determination of imprisonment), on the grounds of sentencing, the period of the instant crime is long, and even if the amount of damage exceeds KRW 81 million, the Defendant has not been making efforts to repay damage so long. Therefore, the Defendant is bound to sentence the Defendant. It is so decided as per Disposition by taking into account all the circumstances, including the fact that the Defendant has no criminal record for the same kind of crime, the circumstances leading the Defendant to the instant crime, and the Defendant’