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(영문) 서울동부지방법원 2018.12.14 2018고단3349
사기등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

around 21:00 on October 9, 2018, the Defendant, “2018 Highest 3349, the Defendant, who lacks the ability to discern things or make decisions due to the Chon's own illness, was placed in the D restaurant operated by the victim C in Songpa-gu Seoul, Songpa-gu, Seoul, with the intention or ability to pay the amount even if he was provided with food, etc. from the injured, and ordered the victim to pay the amount of the amount of food.

Defendant deceptioned the victim as above, and provided the victim with a brubed and fluent disease caused by the victim, and acquired financial benefits equivalent to KRW 9,000 in total of the above food cost.

The Defendant, on October 8, 2018, 2018, had weak ability to discern things or make decisions due to the Chon-si, and came to the Gelbur of the victim F in Songpa-gu, Seoul from around 01:22 to around 10:17, 2018, in which the victim Furcing from around 01:2 on October 8, 2018, was locked, and was locked in the victim H room and I room, and was locked into the said H room and I room without permission, and laid off the three saw-top cable installed in the said H room.

As a result, the defendant intrudes into two guest rooms in the telecom operated by the victim, and damages the three saws electric wires owned by the victim so that the market price cannot be ascertained.

Summary of Evidence

"2018 Highest 3349"

1. Statement made by the police against C;

1. A report on investigation (related to criminal records);

1. 112 Reporting case handling table;

1. On-site photographs "2018 Colonel 3502";

1. A written statement;

1. Investigation report (the details of the progress of the case, indictment, and written judgment);

1. Application of Acts and subordinate statutes to photographs and video materials on the scene of damage;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 319(1) of the Criminal Act (the point of intrusion by room), Article 366 of the Criminal Act (the point of damage to property), and the choice of imprisonment with prison labor, respectively;

1. Legal mitigation Article 10(2) and Article 55(1)3 of the Criminal Act (amended by Act No. 1020, Jan. 3, 2001) (amended by Act No. 1060, Jan. 3, 2005)

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