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(영문) 인천지방법원 2018.11.22 2018고단4903
사기
Text

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

Reasons

Punishment of the crime

The defendant is not the heir of the deceased-gu in Incheon, Yeonsu-gu, members of Ansan-si, members of Ansan-gu, members of Ansan-dong, and the deceased who were buried in the area of the graves, but did not have any connection with the above graves and did not have the right to excavate and dispose of the graves.

Nevertheless, the defendant, in collusion with B, etc., planned to divide the graves scattered in the workplace implemented by the Korea Land and Housing Corporation (former Korea Land and Housing Corporation), etc., by receiving a certificate of relocation as if he had the right to excavate, and by pretending as if he had excavated graves, the defendant would receive compensation for relocation of the cemetery.

Accordingly, at the office of the Incheon Metropolitan City Regional Headquarters of the Korea Land and Housing Corporation located in the Nam-gu Incheon Metropolitan City, Dong-gu, 1464 on July 8, 2008, the defendant filed an application for payment of expenses for relocation of a grave accompanied by a written report of relocation, a photograph, removal of a grave, a certificate of cremation, etc. with an employee in charge of the above headquarters as if he/she excavated the remains in a normal fashion from the office of the Incheon Metropolitan City Regional Headquarters of the Korea Land and Housing Corporation, Bupyeong-gu, Incheon, Bupyeong-gu, and discovered the remains in a normal fashion. The defendant was issued KRW 5,290,000 from the victim's account in the name of the post office (F) of the same month.

The defendant, from this point of time until June 26, 2009, obtained a total of 49,885,840 won from victims to receive a total of 18 times as transfer expenses, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each protocol concerning the examination of suspect of the police against B, G, H, I, J, K, L, or M;

1. Statement made to I by the police;

1. Copies of each written judgment, written resolution for expenditure, the result of opening a grave with no grave;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommended punishment] type 1 (the amount less than 100 million won).

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