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(영문) 인천지방법원 부천지원 2016.11.25 2016고단2528
사기등
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

1. On April 15, 2016, the fraud Defendant made a false statement that he/she would make a lump sum payment of meals to a tombe for the purpose of delivering meals to a tombe at the site of a tomb operated by Kimpo-si, Kimpo-si by phoneing to a E-cafeteria operated by the victim D, while carrying out the work of raising seedlings at the site of a tomb operated by the victim D.

However, in fact, the defendant did not have the intention or ability to pay food in time even if he was provided with food from the victim because the defendant received the funeral from the farmers in advance for business expenses, living expenses, etc.

As above, the Defendant, by deceiving the victim as above, received food equivalent to KRW 38,500, including roasting robbbbing, etc., from the victim, and received food equivalent to KRW 586,00,00 from that time through the same method until May 1, 2016, through the same method as indicated in the attached list of crimes.

2. On April 2016, the Defendant: (a) removed the front number plate of the FMS van from the seat plate to be exercised in the vicinity of the tomb under paragraph (1) and illegally used the air homan registration number plate by attaching it to the G Poter cargo vehicle.

3. The same year from April 2016, the accused for unlawful use air defense events.

4. By the end, from Kimpo-si to Kimpo-si, he exercised an air call that was unlawfully used by operating G Poter freight cars with the front number plate of FMMS car as described in paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. Two copies of a vehicle photograph;

1. A copy of receipt;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 347 (1) of the Criminal Act (including fraudulent occupation and comprehensive use), Article 238 (1) of the Criminal Act (the occupation of unlawful use of air defense), and Article 238 (2) and (1) of the Criminal Act (the occupation of unlawful use of air defense) concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for selective crime of fraud

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