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(영문) 수원지방법원 안산지원 2013.03.08 2012고단2576
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the believers of a religious organization.

Around October 01, 2012, the Defendant conspired with D, the same believers, and sent water to the house of the victim F, Ansan-gu, Ansan-gu, 1132 Dong 1106, and made a false statement to the effect that “The victim is in danger of being in a personal health problem, and is dangerous to his or her father and wife, and is in danger of being in his or her will. The Defendant collected money from his or her will. The Defendant was able to collect money from his or her husband and wife at the time of his or her death.”

However, as above, the defendant did not have the ability to predict or prevent the risks of the victim's health and father, and there was no reason for the victim to refrain from filing a death.

Nevertheless, the Defendant, as if he were not aware of the death of the victim and his family are likely to cause danger to the victim’s health and family, deceiving the victim as above. Accordingly, the Defendant was granted KRW 12.8 million on four occasions from around 01 to May 24, 2012, as indicated in the list of crimes in the attached Table, for the purpose of aiding and abetting the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Application of the Acts and subordinate statutes on details of passbook transactions and detailed statement;

1. Relevant Article 347(1) of the Criminal Act, Article 30 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime

1. According to Article 62(1) of the Criminal Act of the suspended sentence, the Defendant may be punished by strict punishment, considering the following: (a) the Defendant, without any justifiable ground, encourages uneasiness or fear; and (b) deceiving the victim of the instant crime; and (c) not recovering from damage to the victim.

However, in light of the circumstances such as the fact that the defendant has no criminal records, the defendant committed the instant crime based on religious belief, and the defendant seems to have no personal benefits, the execution of the sentence shall be suspended, and the sentence shall be determined as per the disposition.

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