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(영문) 의정부지방법원 고양지원 2015.08.04 2015고단1114
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. Around June 7, 2011, the Defendant made a false statement on June 7, 201 to the effect that “The Defendant would receive class 5 or 6 of the person who rendered distinguished services to the State if he/she would receive class 5 or 6 of the person who rendered distinguished services to the State, because he/she had a person who is aware of the compensation division for the Government's veterans in Yongsan-gu, Yongsan-gu, Yongsan-gu.”

However, in fact, the Defendant did not have any special ability to obtain the eligibility of a person who has rendered distinguished service to the State due to lack of economic circumstances at the time, and was planned to use the Defendant’s living expenses by receiving money from the victim, so the Defendant did not have the intent and ability to obtain the eligibility of a person who has rendered distinguished service

Ultimately, the Defendant is the same month from the victim.

9. Receiving KRW 3 million from the post office account (Account Number E) in the name of the accused.

2. Around July 16, 2011, the Defendant, around July 6, 2011, made a false statement to the victim as stated in the above paragraph (1) stating that “The Defendant would need to supplement documents to the veterans’ office because the documents are insufficient, and KRW 500,000 is required to do so.”

However, in fact, the Defendant did not have the ability to obtain the eligibility for a person who has rendered distinguished services to the State, and even if the Defendant received money from the victim, the Defendant did not have the intent or ability to supplement the documents.

Ultimately, the Defendant received 500,000 won from a post office account (Account Number E) in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Written notice of the result of a doctor's branch office for veterans;

1. Application of Acts and subordinate statutes on account details;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are the same crimes of the same kind in the past.

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