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(영문) 대구지방법원 2016.08.12 2016고정1343

사기등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Daegu District Court on May 27, 2016 and was sentenced to eight months for the same year.

6.4. The judgment became final and conclusive.

[Criminal facts]

1. On September 21, 2015, the Defendant made a false statement to the effect that “The Defendant would purchase at a 39-month rate of 39 months for the victim (a week) under the presumption that he/she was the victim (a week) B B lending 302 dwelling in the Daegu Suwon-gu 302 dwelling.”

In fact, even if the defendant escaped from the injured party, he thought that he would immediately dispose of it and make a loan to him, and there was no intention or ability to pay the rental fee due to no particular import at the time.

The defendant deceivings the victim as above, and was delivered to the victim with awareness of the market price of 4,835,000 won on October 7, 2015.

2. On October 7, 2015, the Defendant forged a private document and the instant investigation document: (a) installed a siren with the name of “A” in the column of the recipient of the “ installation confirmation” provided by the installation engineer of a siren, by using the name of “A” at the residential area of the Daegu Suwon-gu B B lending 302; and (b) submitted it to the said manager.

Accordingly, the Defendant forged a copy of a letter of establishment of a private document C, which is a private document on rights and obligations, and exercised it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Protocols concerning C such as the first and second examination of suspect for the police;

1. Written statements of D;

1. A complaint;

1. An agreement on a siren and a written confirmation for installation;

1. Letters sold by the people of the Republic of Korea in the Republic of Korea of NAV;

1. Photographss of resident registration certificates, damaged articles photographs, and text messages;

1. Before judgment: Application of a reply to inquiry, such as criminal history, a copy of each written judgment, and output of the screen of search for the system of consolidated prosecution cases;

1. Article 347(1) of the Criminal Act, Article 231 of the Criminal Act (the point of fraud), Article 234 of the Criminal Act, and Article 234 of the Criminal Act concerning the crime.