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(영문) 창원지방법원 2013.09.11 2013고단1927
사기등
Text

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

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

Reasons

Punishment of the crime

1. On May 19, 2013, at around 23:30 on May 19, 2013, the fraud Defendant ordered alcohol and alcohol while driving as if the victim D would pay the alcohol value to the victim.

However, the defendant did not have any intention or ability to pay the drinking value to the victim because he did not have any money at the time.

The Defendant, as such, by deceiving the victim, was provided with alcohol and alcohol equivalent to the total market value of KRW 180,000,000.

2. Around May 20, 2013, at the same place as Paragraph 1, around 04:17, the Defendant publicly insultingd the victim G, a police officer belonging to the F District Unit of the Kimhae Police Station, who was called by the Defendant upon receipt of a report that the Defendant did not pay the drinking value, and sent out the victim G, who was a police officer belonging to the F District Unit of the Kimhae Police Station, the owner of the business, etc., in the process of reporting on the protection of D et al.

3. On May 20, 2013, the Defendant: (a) around 14:47, at the criminal office and office of the Kimhae-dong Police Station and office located in Chungcheongnam-dong, Kimhae-dong; and (b) at the time of having the suspect examined the suspect for criminal facts as stated in paragraphs (1) and (2), the Defendant confirmed the contents of the interrogation protocol; (b) stated the statement column in the statement column without authority; and (c) submitted it to the assistant I to forge the signature of H with a printed seal; and (d) submitted it to the assistant I

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Complaint;

1. Receipts:

1. Application of the existing Acts and subordinate statutes of the police interrogation protocol signed under H;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 311 of the Criminal Act, Article 239(1) of the Criminal Act, Article 239(2) and (1) of the Criminal Act, and Article 239(2) of the Criminal Act (a point of exercising a false investigation signature);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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