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(영문) 부산지방법원 2017.08.10 2017고단3348

사기

Text

A defendant shall be punished by imprisonment for six months.

The seized evidence No. 1 (10,000 won, Chapter 5) shall be returned to the victim C.

Reasons

Punishment of the crime

[criminal records] On September 2, 2016, the Defendant was sentenced to ten months of imprisonment for fraud at the Ulsan District Court on September 2, 2016 and completed the execution of the sentence at the port prison on March 20, 2017.

[2] On June 24, 2017, around 10:50 on June 24, 2017, the Defendant: (a) managed the Victim C’s marriage-type congratulatory money collection stand in front of the gold receipt stand for the “F wedding hall,” located on the fourth floor of the E hotel located in Busan Metropolitan City, the fourth floor; and (b) managed the Victim C’s marriage-type congratulatory money collection stand.

G said that “The five gold bags were received” as a marriage guest, and that “the five gold bags were different.”

However, in fact, the defendant was not a guest who was found in order to attract the victim's marriage, and there was no fact that he paid a congratulatory money.

Nevertheless, the Defendant: (a) by deceiving G as above, received five copies (one hundred thousand won in total) of bags containing one hundred thousand won in cash, respectively, from G, under the pretext of an answer in the same place; and (b) received five copies (50,000 won in total) from G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on investigation (Attachment, etc. of photographs of damaged objects) and confirmation of the investigation process (specific victim);

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Records of crime: The application of inquiry letter, such as criminal history (A) and Acts and subordinate statutes on the acceptance status of each individual;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing of Article 333(1) of the Victim Return Criminal Procedure Act / [the scope of recommendations] The ground for sentencing of Article 333(1) of the Victim Return Criminal Procedure Act / [the scope of recommendations] General Fraud (one to two years and six months) / [a person with a special aggravated punishment] the defendant has a number of records of having been punished as a criminal act of the same type of repeated crime [a judgment]. The defendant has been released from prison for 10 months as stated in the judgment; the defendant committed the crime of this case within the short term after being sentenced to punishment for a crime of fraud, such as a statement in the records of the crime in the judgment; on the other hand, the defrauded is relatively small, and the amount of fraud is likely to be recovered due to seizure; the crime is against the age, character, and behavior of