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(영문) 부산지방법원 2017.08.24 2017고단2776
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 27, 2016, the Defendant invadedd a structure by entering the third floor E of the third floor, which is opened by the victim D for the purpose of deceiving the answer money from the gold-receiving unit of the franc and the new franc, by pretending to the married guests in Ulsan-gu B, Ulsan-gu, U.S. on November 27, 2016.

2. On November 27, 2016, at around 12:29, the Defendant: (a) carried a bag with a 300,000 won bag managed by the victim D in front of the above C3rd floor E; (b) as the fluor is mixed with large number of visitors, the fluor who receive livestock money such as the above D, etc., was fluorcated; and (c) carried a bag with a brush bag managed by the victim in front of the above C3rd floor E; and (d) the fluorcator who received livestock money, such as the above D, without paying attention to the Defendant.

Accordingly, the defendant stolen 300,000 won in cash managed by the injured party.

3. On November 27, 2016, at around 12:34, 2016, the Defendant: (a) was fluent in a gold receipt stand for a fluent axis of the new ditch managed by the victim D before the victim D of the said C third floor E; (b) was fluent as if he/she paid the lowest guest with two empty bags; and (c) was fluent with two bags containing 10,000 won in return from the victim.

Accordingly, the defendant deceivings the victim and defrauds 20,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of the suspect against the defendant;

1. Statement protocol of the police;

1. Application of the Acts and subordinate statutes to report damage and CCTV photographs;

1. The pertinent Article 319(1)0 of the Criminal Act - Article 329 of the Criminal Act - Article 347(1)0 of the Criminal Act - the choice of imprisonment with prison labor under Article 347(1)0 of the Criminal Act

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. The reasoning for sentencing under Article 62(1) of the suspended sentence under the Criminal Act shows the motive and background of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc.

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