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(영문) 창원지방법원 2018.07.04 2018고단1137

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 6, 2018, the Defendant: (a) around 11:30 on the counter of Changwon-si, Changwon-si, Da 1, Da 1, Da1, even though he did not have paid livestock money; and (b) was issued three copies of food by the victim E, who was in the place of receiving livestock money, and then acquired the money by fraud through exchange with cash of KRW 30,00,000, which is an answer example.

2. The Defendant obtained three copies of food rights from the Victim F by means of the method referred to in Paragraph 1, and acquired the cash in exchange for 30,000 won, which is a return example, from the victim F, at the end of the same day, at the meeting of the above C large-scale meeting, such as Paragraph 1.

3. On January 6, 2018, the Defendant, at H hotel futures centers located at the window G of Changwon-si around 12:00, obtained a third chapter of food right from the victim I in the same manner as paragraph 1, and acquired it by fraud by exchanging KRW 30,000 in cash, which is an answer example.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Persons whose sentencing under Article 62-2 of the Criminal Act on the observation of protection is less than KRW 1100 million as the base for the classification of the types of sentencing criteria for the current period of punishment: The aggravated factor ( repeatedly committing a crime), the mitigated factor (non-influence of punishment): The former sentence sentenced for a general sentencing in the basic area (from June to June): One year: Imprisonment with prison labor for a period of 10 months: 2 years of suspended sentence; the cumulative reasons for the aggravation of protection observation: A person before the same type of punishment (i.e., a fine of 12 times of suspended sentence): A confession, partial punishment exemption (related to the crime of paragraph (1) in the judgment of the court), defrauded, return of goods, old health (i.e., e., g., e., g., g., e., g., e., g., e., e., g., e., s