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(영문) 부산지방법원 2017.12.13 2017고단5072

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 3, 2014, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Busan District Court on September 2, 2015, and completed the execution of the sentence at the port prison on September 2, 2015.

On April 16, 2017, the Defendant made a false statement to the effect that, in front of the receipt of a gold at the New Franc axis located in D1st century located in C, the victim’s small amount of a gold for the marriage of the victim E, who was in charge of the receipt of a gold at the same time, the Defendant committed the act as if he paid a gold as a marriage tenant, and “a demand for an answer.”

However, in fact, the defendant was not only a guest of the above marriage ceremony, but also there was no fact that he paid a congratulations.

In the end, the Defendant received six copies of the bags containing 10,000 won in cash from the victims’ small children, namely, the sum of 60,000 won in total, from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (suspect A, repeated crimes against suspects and continuous crimes) - One copy of judgment, the current status of confinement of individuals, and copies of summary order, shall be applied to the application of three copies

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The crime of this case with the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is not familiar with the period of the same repeated crime, and at the same time, the defendant acquired 60,000 won by fraud in the marriage wedding place as above, and considering the fact that the crime of this case, immediately after the crime of this case, is deemed to have no record of continuously opening the crime by deceiving 20,000 won by the same method, even in May 13, 2017, is likely to be a bad.

However, this case's records and case's records, such as the defendant's age, health, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc.