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(영문) 대구지방법원 경주지원 2016.08.10 2016고단106
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 became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant who intrudes upon a structure was able to commit as if he had paid congratulatory money at a marriage hall, and receive the answer money to be paid to the guests.

On December 19, 2015, at around 12:02, the Defendant entered a hotel located in B of the racing, and entered a wedding room on the first floor through the hotel entrance, and intruded on the above structure.

2. In the above day-to-day hotel wedding room, the Defendant made a false statement that “The Defendant delivered six congratulatory money to the victim D, who is a mixed principal of franc, and the meals changed the answer money not to be done.”

However, in fact, the defendant was not a married guest, and there was no incentive.

The defendant, in other words, acquired 60,000 won in total from E by taking 60,000 won of each cash 10,000 won under the pretext of return from E.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

1. Article 347(1) of the Criminal Act (the relevant legal provision and the choice of punishment against the crime) and Article 319(1) of the Criminal Act (the point of fraud, the selection of punishment by imprisonment), Article 347(1) of the Criminal Act (the point of intrusion on a structure and the selection of punishment by imprisonment);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [the scope of the sentencing guidelines] (the scope of recommendations] general fraud (the scope of less than KRW 100 million) and the mitigation area (one month to one year) (the imprisonment for a term of less than KRW 100 million) (the punishment of a person subject to special mitigation) is not imposed;

2. Although the decision of sentence had the same criminal history as that of the same law, the defendant committed the crime of this case again. However, on the other hand, in consideration of the fact that the defendant is against himself and the amount of damage is relatively small and agreed with the injured party, the punishment shall be determined like the order.

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