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(영문) 창원지방법원 진주지원 2013.04.09 2013고단329

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

When the Defendant died on June 22, 2005 with B and C’s children, on November 11, 2005, the Defendant drafted and submitted an application for succession to survivor pension in the name of C on November 11, 2005, and used it as the agricultural bank account in the name of C and received survivor pension from C and used it as C’s hospital expenses.

Since C died on July 23, 2006 and C lost the right to receive a survivor pension, the defendant filed a death report with C, and there was a duty to notify the victim of the death.

Nevertheless, the Defendant, by deceiving the victim of the death of C in a manner that does not notify the victim of the death of C, received KRW 1,359,280 from the victim on August 25, 2006 the bereaved family pension of KRW 1,359,280 from the said victim to the agricultural bank account under the name of C and received a total of KRW 97,50,220 from March 23, 2012, as shown in the list of crimes in the attached list of crimes, from that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. An application for succession to a survivor pension, a certified copy of the removal from the register, a certificate of payment of pension, a basic certificate, a statement of transactions, and a copy of

1. Application of a certified copy of the statute of limitation;

1. Relevant Articles of the Criminal Act and the reasons for sentencing under Article 347 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Determination of types: Type 1 of general fraud (less than 100 million won) from among the fraud crime group;

(b) A special breeder: No person;

(c) Scope of recommendation: Imprisonment with prison labor for not less than six months but not more than one year and six months;

2. Sentence to the same sentence as the disposition shall be imposed, in consideration of the fact that a large amount of damage which may harm the soundness of the finance of the public official pension has not been restored at all although such damage