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(영문) 대구지방법원 포항지원 2017.01.19 2016고단1579
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On December 21, 2015, in fact at the C cafeteria located in Busan East-gu, Busan-gu, the Defendant made a false statement to the victim D, stating that the Defendant did not drink the upper half of the body, and that the ging of the bones in the upper half of the body was teared. In so doing, the Defendant made a false statement to the victim D that “the treatment expenses were discharged because ging the bones in the upper half of the body.”

The Defendant, as seen above, received KRW 827,00 from the time to July 26, 2016 as indicated in the list of crimes attached hereto, from that time, by deceiving the victim and receiving KRW 827,00 for the purpose of treatment. However, according to the evidence below, it is evident that according to the following evidence, “V” of the victim of the crime committed 8-year re-off in the annexed list of crimes is “W”, “V” of “V”, and “W” of the victim of the crime committed 10-year re-off is each clerical error in the “X”.

Defendant

Since there is no particular problem in guaranteeing the right of defense, it shall be corrected and recognized ex officio without changes in indictment.

In 19 times, a total of 4,397,00 won was obtained and acquired through delivery.

2. Attempted fraud;

가. E 중화 요리점 피고인은 2016. 7. 8. 15:00 경 부산 강서구 F에 있는 E 식당에서 사실은 음식물에 돌멩이가 들어 있지 않아 치아를 다친 적이 없는데도 피해자 G에게 “ 짬뽕에 돌멩이가 들어 있어 밥을 먹다 치아를 다쳤다 ”라고 거짓말을 하여 피해 자로부터 치료비 명목으로 100,000원을 교부 받아 편취하려고 하였으나 피해자가 이에 응하지 않아 미수에 그쳤다.

B. On July 22, 2016, the Defendant attempted to obtain 250,000 won from the injured party for the purpose of receiving 250,000 won as medical expenses, but the victim failed to comply with such request, on the ground that the facts in the H cafeteria located in Nam-gu I at around 15:00 on July 22, 2016, reveal that the Defendant did not have a stone with a stone with food and did not have a stone, thereby making it difficult for the Defendant to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. K (an offense No. 5 in the list of crimes).

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