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(영문) 의정부지방법원 고양지원 2014.01.09 2013고정1767

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, who is his wife B (year 54) of the victim B (age 54), knew of the fact that he was judged as the 5th degree of disability with a traffic accident and received a judgment of the 5th degree of disability in order to have the victim improve the victim's disability grade, and received money from the victim as a security expense.

On May 2010, the Defendant made a false statement to the victim of the E Hospital located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, that “I would be able to receive Class C level 3 if the victim’s condition is sufficient. The expenses for the treatment and examination are required, and the Defendant would have changed KRW 6 million as the expenses are required.”

However, in fact, the defendant did not have a doctor's certificate and did not have any relationship with the National Pension Management Corporation, which is an institution in charge of determining the disability grade, and therefore, C's disability grade could not be increased to the third degree, and even if he received money from the victim, he did not have any intent or ability to use

As such, the Defendant, by deceiving the victim as such, received from the victim on May 14, 201, KRW 6 million, May 14, 2010, KRW 12 million on May 20, 2010, KRW 3.5 million on June 1, 2010, and KRW 13.7 million on June 8, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of each deposit certificate or a copy of the bankbook;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;