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(영문) 춘천지방법원 원주지원 2016.11.08 2016고단859
사기등
Text

A defendant shall be punished by imprisonment for six 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. Around January 4, 2015, the Defendant violated the Resident Registration Act unlawfully used the above B’s resident registration number, such as: (a) hospitalized in the Positotop Hospital in the Hanju-si, Hanju-si, 20, in the identification process as if he was B; and (b) drawing up a written agreement using B’s resident registration number; and (c) subsequently, establishing a resident registration number.

2. Around January 4, 2015, the Defendant: (a) at the Gangwon-si Hospital of the Republic of Korea, the Defendant was in the operation to cut off the left side of the Plaintiff’s resident registration number B as if he was B; and (b) had no intention or ability to pay hospital expenses due to the lack of a certain income or property, as described in paragraph (1).

Nevertheless, on January 4, 2015, the Defendant was performing a cutting operation on the left side of the bridge due to the collapse of the bridge from the stopian hospital of the victim s tophere, and the same year.

5. A person was hospitalized until 24.

Accordingly, the defendant had acquired financial benefits equivalent to 7,162,600 won by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Certificates, etc. of hospitalization;

1. Application of Acts and subordinate statutes to an investigation report (resident registration number B and a report on the execution of telephone investigation);

1. Relevant Article 347(1) of the Criminal Act, Article 347 subparag. 10 of the Resident Registration Act, Article 37 subparag. 10 of the Resident Registration Act (the point of unlawful use of resident registration number), and the choice of imprisonment with prison labor

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] There is no basic area (6-100 million won or less) (6-1.6 months) of the first category of fraud (6-100 million won or less) (the decision of sentencing] (the decision of sentence), six months of imprisonment, and two years of suspended sentence, the defendant received hospital fees by stealing the resident registration number of his/her relative in a state where he/she is unable

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