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(영문) 청주지방법원 충주지원 2016.07.01 2016고단38
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 7, 2015, the fraud defendant called the victim D in the vicinity of the defendant's house located in Ansan-si, Ansan-si, Masan-si, Seoul-si, by phoneing the victim D. It is immediately possible to repay the money to the victim because the defendant lent KRW 2 million as he/she urgently needed to pay the money.

“ ........”

However, even if the defendant borrowed money from the damaged party at the time, he was thought to use it as gambling fund, and he did not have any intention or ability to pay the money to the injured party at any other place on the following day.

Nevertheless, Defendant 1 received 1.6 million won from the injured party’s account in the name of the Defendant on the same day.

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

2. On July 7, 2015, the Defendant: (a) obtained a demand for a security by borrowing money from D from the mutual influence points located in Ansan-si, Seosan-si; (b) entered the “Sasan-si E” column in the back of his/her resident registration certificate, which was in possession, using a verification-type private pen, and sent it to D with a photograph, after entering the “Sasan-si E” column in the “Sasan-si E” column.

Accordingly, for the purpose of uttering, the Defendant changed one copy of the resident registration certificate against A in the name of the Chungcheong market, and exercised it by transmitting the altered resident registration certificate to D who is aware of the fact of alteration by affixing it with a photograph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of bankbook;

1. Application of photographive Acts and subordinate statutes to resident registration certificates;

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment), Article 225 of the Criminal Act (the point of altering official documents), Articles 229 and 225 of the Criminal Act (the point of uttering of modified official documents);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) fraud (a type of determination) fraud; fraud;

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