beta
(영문) 대구지방법원 2014.08.28 2014고정745

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 17, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in the Daegu District Court on January 17, 201, and the judgment became final and conclusive on January 29, 2014.

On June 19, 2013, the Defendant filed a false statement with the victim C, which was operated by the victim C on the second floor of the building B in Gangnam-gu Seoul, Gangnam-gu, Seoul, that the Defendant would pay 74,000 won of medical expenses due to the Defendant’s failure to bring about 74,00 won of medical expenses due to the Defendant’s appeal of the victim’s certificate of upper uniforms to the victim.

However, the defendant was thought to be administered with a propool (psychotropic drug) which is a water surface guidance factor without the intention or ability to pay the medical expenses necessary for the above internal border test.

As such, the Defendant, by deceiving the victim, did not pay the above medical expenses to the victim and acquired the same amount of proprietary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Medical records;

1. A statement of medical expenses;

1. Previouss before and after judgments: Criminal history records, inquiry reports, KICS outputs, and application of statutes of the judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the principle of equity in cases where judgment is to be rendered simultaneously with the crime in which judgment becomes final and conclusive);