beta
(영문) 창원지방법원 진주지원 2018.04.18 2017고단988

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 4, 2013, the Defendant: (a) performed “C Dental” operated by the Victim C in Jin-si, Jin-si, Jin-si; and (b) performed as if the Defendant were to pay the treatment expenses despite the absence of the intent or ability to pay the treatment expenses even if he received dental surgery; and (c) the Defendant received medical expenses from the injured party to February 3, 2014 and obtained pecuniary benefits equivalent to KRW 20,592,180 for the treatment expenses from around that time to February 3, 2014.

Summary of Evidence

1. Copies of medical treatment records;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the copy of defendant deposit passbook

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selection of punishment, and imprisonment;

1. Taking into account the recommended sentencing guidelines for sentencing under Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Criminal Act, the damage amount of the instant case is a clinical dental treatment fee, the Defendant engaged in daily work at the time of the instant case, but the revenues of the instant case were insufficient to pay the above medical treatment fee, the Defendant’s age, sex behavior, environment, the process, means and consequence of the instant case, and all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the crime, etc., shall be determined as the order.