beta
(영문) 부산지방법원 2013.11.14 2013고단4404

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 March 9, 2013, the Defendant had been aware of the fact that the receipt price of the money at the marriage hall was mixed with other persons, and had been 10 floors of the “Dweur” in Busan, Seo-gu, Busan, about 12:43.

The Defendant: (a) considered the name “G” of a stable bag cited by the son who participated in the marriage ceremony of the son E, who opened from the bee at the bee of the victim; and (b) confirmed that the son received the said stable bag at the reception stand of the new ditch.

After the locking, the Defendant concluded that “The Defendant, who was found in the above reception box, runs as if he was “G,” and was seated in the reception box,” “The Defendant was G in which she paid the gold flick, but the Defendant was erroneous in receiving the gold flick to the new father, and thus, returned.”

After deceiving the victim, the Defendant, as such, obtained a stable bag of “G” owned by the victim, which is 50,000 won from H, and received it from the new father, and acquired the said money by deceiving the victim as is, while committing a criminal act to receive it from the new father’s stable.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement of H;

1. Application of Acts and subordinate statutes to a report on investigation (an investigation into a counter investigation of victims, etc. and CCTV securing);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution (All circumstances, such as the fact that the amount of damage caused by the instant crime is minor);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;