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(영문) 창원지방법원 밀양지원 2017.06.15 2016고단326

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 2014, the Defendant made a false statement in the victim E house located in the Seocho-si, Manyang-si, Manyang-si, that “The Defendant borrowed the Defendant’s expenses incurred in making it possible for the Defendant to carry out funeral services, regardless of whether it is in the G located in the G located in the Syang-si, Manyang-si.”

However, the above G and its neighboring sites were owned by H, and the right to lease to the victim was not granted by H, regardless of whether H, and at the time, the Defendant did not have any particular property and did not have any ability to decide whether to do so. Therefore, there was no intention or ability to allow the victim to engage in funeral services, regardless of whether the Defendant was a victim or not.

Defendant deceiving the victim as above and acquired 3 million won from the victim in cash on the same day from the victim, and acquired 16 million won in total by obtaining a total of seven times until April 2015, as shown in the List of Crimes in the attached Table, as well as by obtaining a delivery of 16 million won from the first police officer.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by witnesses H);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] general fraud [the scope of the recommended punishment] (one month to one year), in the mitigated area (one month to one year] [the person who is specially mitigated], or in the case where considerable damage was restored (the decision of sentence], the sentencing conditions indicated in the record, such as the following circumstances and age of the defendant, environment, motive, means and consequence of the crime, the motive and consequence of the crime, etc., shall be determined within the scope of the recommended punishment according to the sentencing guidelines, taking into account the following circumstances.

Unfavorable circumstances: Conditions favorable to the fact that there has been a record of punishment several times due to the same crime: KRW 9 million out of the total amount of KRW 16 million, and KRW 4 million out of the total amount of the remainder of the debt exempted from the damage shall be three million.