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(영문) 대전지방법원 천안지원 2017.09.15 2017고정522
사기미수등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around September 2016, the Defendant attempted to commit fraud, using a one-time measuring instrument with which the number of autopsy numbers that he/she found in the same Dong and Dong-dong does not turn off, with the intention of avoiding urban gas charges.

On October 4, 2016, at around 19:00, the Defendant removed measuring instruments installed in a place to measure the amount of urban gas usage of the Defendant’s main gas in Asan City B apartment B, 209 Dong 101, the Defendant attempted to deceiving the victimized company as if he/she installed measuring instruments the amount of urban gas usage of which is continuously fixed as “00” and used less than the actual amount of gas usage.

However, on October 7, 2016, the Defendant did not commit an attempted crime but was found to be exposed to C, an employee of the above victim company, who inspected the site around October 7, 2016.

2. No one who violates the provisions of the Measures Act shall alter any measuring instrument for the purpose of manipulating the value of measurement, or use any altered measuring instrument;

Nevertheless, the Defendant installed and used the altered gas measuring instrument to fix measurement values with the purpose of manipulating measurement values at the same date, time, and place as mentioned in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made by the police against D and a statement made by each prosecutor of the prosecution;

1. Application of Acts and subordinate statutes to the complaint (including accompanying documents);

1. Relevant legal provisions concerning criminal facts, Articles 352, 347(1) (the occupation of attempted fraud and the choice of fines) of the Criminal Act concerning the choice of punishment, and Articles 71 Subparag. 3 and 37(3) of the Weights Act (the occupation of using altered measuring instruments and the selection of fines);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the criminal method of sentencing Article 334(1) of the Criminal Procedure Act, the nature of the crime is not good.

However, the defendant is the first offender, and is aware of his mistake.

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