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(영문) 창원지방법원 진주지원 2015.09.15 2015고단683
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 7, 2015, the Defendant: (a) around 23:15, 2015, at the “D” restaurant operated by the Victim C in Heung-gu, Chungcheongnam-gu; (b) had no intent or ability to pay the food value; and (c) had the victim paid the food value despite having no intention or ability to pay the food value; and (d) had the victim issued an order with the owner of the child and the owner of the child, he/she received five disease, two-kimchi, and Korean-style horses equivalent to the total market value of the victim

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

2. On March 19, 2015, the Defendant: (a) went to the house of the Victim F of the Heung-gu Seoul Special Metropolitan City E-U. 411 on a night-time basis on March 19, 2015; (b) opened a entrance and entered the house by an influence method; and (c) carried KRW 210,00,000,000 in cash owned by the victim who was in a way to fluence the lock.

Accordingly, the defendant invadedd the victim's residence, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s report on damage and F’s statement;

1. As a result of each photograph, receipt, each investigation report (in relation to site rent, identity of the suspect), notification of the corresponding person as a result of comparison of DDA-DB, notification of appraisal request, inquiry of convict DNA personal information, application of laws and regulations on the status of the corresponding person as a result of comparison of DDA

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act that prescribes the punishment (Fraud, choice of imprisonment), Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 (Scope of Recommendation) / [Scope of thief] 4 (In the case of non-permanent theft, it constitutes concurrent crimes against a crime of intrusion upon residence and a crime of larceny, but it is classified as a type of crime of "influence theft" and does not be treated as a majority crime.) / Basic area (1 to 2 years and 6 months) / None of the general property (a special person)

(b) Class 2 crime (Fraud) (Scope of recommendations) general fraud.

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