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(영문) 부산지방법원 2014.04.25 2014고단1762

사기

Text

A defendant shall be punished by imprisonment for not more 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

Around April 15, 2007, the Defendant made a false statement to the effect that “The Defendant would make up for the amount of KRW 50 million,000,000,000,000,000,000,000,000 won, as the victim D operated by the victim D in the Gangseo-gu Busan Metropolitan City, Busan Metropolitan City, and that “The Defendant would make up for the amount of KRW 50,000,000,000,000,000,000,000 won

However, the fact is that the defendant did not have the intention or ability to terminate the case of unauthorized Medical Treatment.

On the 16th of the same month, the Defendant, by deceiving the victim as above, obtained 50 million won from the victim, through F, his wife, at the Defendant’s residence in the Dong-gu Busan Metropolitan City, through F, his wife, in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of the provisions of the Acts and subordinate statutes to the inquiry sheet, cash storage certificate, copy of passbook, and copy of note of the request for unaccompanied transaction;

1. Article 347(1) of the Criminal Act, the choice of applicable law and punishment concerning the facts constituting a crime, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Code of the Suspension of Execution (with regard to all the circumstances, including the fact that the defendant has a good health condition for the aged, that there is no record of punishment for the same kind of crime, that most of the acquired money has been returned although there are some disputes, and that his mistake has been divided and reflected in depth) or more.