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(영문) 대구지방법원 포항지원 2018.1.31. 선고 2018고정1 판결

사기,상해

Cases

2018False 1, 2 (combined) Fraud, injury

Defendant

A

Prosecutor

An open space, a promotion (public prosecution), and a deposit;

Imposition of Judgment

January 31, 2018

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal History Office

"2018, 100

The defendant is a person who supplies the task at the port B points, and the victim C sells the task at the D store.

On November 4, 2016, at least 13:00 on November 4, 2016, the Defendant made a false statement that “the Defendant would purchase a task to supply to the Jeju Port B points” even though there is no intention or ability to pay the price for over-the-day by telephone to the victim at a place where the location is unknown, and acquired the fruit amounting to KRW 292,000 from the D store located in the Daegu Seo-gu, Seogu, Daegu, by fraud around November 11, 2016, as shown in the attached crime list, and acquired the fruit amounting to KRW 2,031,000 through six times from November 14:00 on December 14, 2016.

"2018 High Court 2"

The defendant is the lessee of the room G 103 in North-gu, North-gu, the Pohang-gu, the victim F (Y, 56 years old) owns.

At around 19:20 on April 15, 2017, the Defendant: (a) claimed that the victim, who was suffering from being pushed down in the above studio, took a photograph of the budio gas bud inside the studio; (b) brought the victim’s right arm by hand; and (c) sustained the victim, who was able to take a hand on the victim’s left hand, sustained approximately two weeks of treatment, such as the right string in the right stud, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A medical certificate of injury and a photograph of damaged part;

1. Report of investigation (Receipt and list of crimes);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act (Fraud), Article 257(1) of the Criminal Act (the point of injury) and selection of each fine.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Gangnam-nam

Attached Form

A person shall be appointed.