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(영문) 대구지방법원 포항지원 2016.08.25 2016고단807
사기등
Text

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

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

Reasons

Punishment of the crime

1. On May 12, 2016, the Defendant ordered the Victim C to alcoholic beverages with the amounting to KRW 500,000,000,00 in the market price, such as 2 sick, 25 sick, and Salju, from the main points operated by the Victim C in North-gu, North Korea-si, North Korea-si.

However, the defendant did not have any intention or ability to pay the price even if he received alcoholic beverages and safe stocks from the injured party due to the absence of certain income or assets at the time.

Accordingly, the defendant deceivings the victim, and was delivered alcoholic beverages and aljus equivalent to the market value of KRW 500,000 from the victim.

2. The Defendant interfered with the performance of official duties at the time and place specified in paragraph 1, and on the same grounds as stated in paragraph 1, receives a request from E to the police officer affiliated with the police box belonging to the North Korean Port Police Station D, who called “Is the Haak, Is the Haak, Is the Haak, Is the Haak, Is the Haak, Is the Haak, who presented an identification card.”

Before taking the bath as “,” assaulted, such as flabing, salming, sallling, and salbling the chest at the next hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the handling of reported case 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to each internal investigation report (with respect to receipt certificates and statement records; attaching copies of work logs);

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment, and the choice of punishment) concerning the facts constituting an offense, and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes prescribed in heavier frauds);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The Sentencing No. 1 Crimes (Obstruction of Execution of Official Duties) [Scope of Recommendation] No. 2 Crimes (Crime of Obstruction of Execution of Official Duties and Forced Performance of Duties) are the basic area (Crime of 6 months to 1 year and 4 months) of the sentencing guidelines (Special Sentencing).

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