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(영문) 부산지방법원 2014.04.02 2014고단747
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On May 12, 2009, the Defendant was sentenced to four years of imprisonment by the Gwangju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the Gwangju Prison on March 10, 2013.

【Criminal Facts】

1. On January 19, 2014, around 13:00, the Defendant made a statement to the effect that “the victim F, who was in charge of the receipt of the axis of “Dwa Holdings” located on the 18th floor of the 18th floor of the Busan BG building, would engage in the conduct as if the victim F, who was in charge of the receipt of the axis of E’s marriage-type guests, as if he were married guests, and “the demand for the answer payment.”

However, there was no fact that the defendant paid a congratulatory money to the guests.

The Defendant, as above, by deceiving the victim, received five copies of the bags containing KRW 10,000 in cash from the victim’s place.

2. The Defendant, at the same place of 13:50 on the same day as the above 13:50 on the same day, deceiving the victim H by the same method, who was in charge of managing G’s marriage congratulatory congratulatory money, and received five copies of bags containing KRW 10,000 in cash from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports ( current status of personal confinement);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the sentence like the disposition is imposed in consideration of various sentencing conditions, such as the crime of this case for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, the criminal records of the defendant, the amount of damage, and the fact that the defendant is against each other.

It is so decided as per Disposition for the above reasons.

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