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(영문) 인천지방법원 2012.11.29 2012고단10155
사기등
Text

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

Reasons

Punishment of the crime

On August 31, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and completed the enforcement of the sentence at the Incheon Detention House on February 5, 2012.

[2012 Highest 10155] The defendant did not have any intention or ability to pay the price even if he was provided with alcohol and alcohol from the victim C (n, age 46).

Nevertheless, on May 23, 2012, from around 01:00 to around 05:10, the Defendant committed an act as if he would pay liquor at the D main points in Yeonsu-gu Incheon Metropolitan City D, which is operated by the victim, and it was provided by the victim with the total amount of KRW 490,00,000, such as Scarchi 17 Scarsan and Scarchi 2,000.

[2012 Highest 10829] On August 29, 2012, the Defendant ordered a sum of KRW 161,000 won, such as Scarblue 1 disease, beer three disease disease, and beer, etc., as prescribed by the “G” in the operation of the victim F in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, to take charge, and did not pay the amount. Accordingly, the Defendant was arrested by the police officers of the H district police station in the Incheon Southern Police Station who received the victim’s report and transferred the amount to the Incheon Southern Police Station after being arrested as a flagrant offender.

On August 29, 2012, around 04:35, the Defendant forged K’s signature without authority for the purpose of exercising the right, entering the name of K in the protocol of interrogation of a suspect and in the signature column of the investigation process confirmation, after having completed the investigation in the office of Economic Three Team of the Incheon Southern Police Station located in Dong-gu Incheon Metropolitan City, Dong-gu, Incheon, 1447-2, 147-2, as if the Defendant was the birth of the Defendant, and after having undergone the investigation as if he was the birth of the Defendant.

B. The Defendant’s above investigation and signature events

At the same time and at the same place as the same as the foregoing, the suspect interrogation protocol signed in forgery and the investigation process confirmation were issued to the police officer I and J, who knew the above forged facts, and they were used respectively.

Summary of Evidence

[2012 Highest 10155]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. On-site access report, business permission certificate, and invoice (2012 high group 10829);

1. The defendant;

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