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(영문) 인천지방법원 2018.04.12 2017고단8593
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 2013, the Defendant entered the hospital C located in Jung-gu Incheon, Jung-gu, Incheon, to the victim D (59 tax) who is hospitalized in the hospital with an alley bed from the bed and added to the bed, during the construction site removal work, and entered the bed and hospitalized at the bed. In order to do so, the Defendant made a false statement to the employees of the Labor Welfare Corporation that “The pension will be paid to the degree of disability 7 or higher, and the amount of the entertainment expenses and the teaching expenses will be given to the employees of the Service.”

However, the defendant did not have the intent or ability to receive the judgment of the disability grade 7 or higher even if he received the money from the injured party, and the injured party did not have the intention or ability to receive the judgment of the disability grade 7 or more, and was thought to use the money received from the injured party as living expenses, etc.

Around July 5, 2014, the Defendant received KRW 500,000 from the Defendant’s Saemaul Treasury account (E) around July 5, 2014 from the damaged party, and the same year from July 5, 2014.

8. By May 1, 200, a total of 21.5 million won was issued over 10 times as shown in the list of crimes in the annexed sheet of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. A person subject to general mitigation [the grounds for denying the suspension of execution - June 1st and June] of the basic area of punishment / [the grounds for denying the suspension of execution - / 1st and June] of the basic area of punishment / [the final intention of denying the suspension of execution / her qualifications for industrial accident patients, the method of deception, the degree of deception, and the possibility of infection by prisoners, etc.] under Article 347(1) of the Criminal Act relating to the relevant criminal facts and Article 347 of the choice of punishment / the reasons for sentencing of imprisonment / the punishment / the scope of recommendation ] of general fraud / [the scope of punishment / [the scope of punishment / the grounds for denying the suspension of execution / 1st and June] of the same / 1st and actively accessed the qualifications of industrial accident patients

shall be deemed to have been.

In light of the factors of sentencing, four months of imprisonment, which is lower than the lower limit of the recommended sentence.

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