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(영문) 인천지방법원 부천지원 2015.04.13 2015고단79
유가증권위조등
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

1. Around 13:00 on November 13:0, 2014, the Defendant forged the above protogram lottery in the form of securities by putting the part of “the winning” on the part of “the 18 lottery tickets” issued by the Korea Sports Promotion Foundation for the purpose of exercising at KRW 18 games (purchase number: D): The Defendant forged the above protogram lottery in the form of securities and exercised the forged protogram lottery in the form of attaching “the winning” on the part of “the 90th unit”, and at KRW 14:00 on the same day, exercised the above forged protogram lottery in the form of “F convenience store in the Nowon-gu, Nowon-gu, Seoul.”

2. On November 8, 2014, the Defendant, at the “F convenience store operated by the Victim G,” presented to the employees of the above F convenience store in name, as described in paragraph 1, one copy of the forged protopy Game Lottery as if he were the genuine lottery, and demanded the payment of 1.60,000 won prize money.

Ultimately, as above, the Defendant deceivings employees of the above convenience store and received 160,000 won from the above convenience store staff.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of seizure records and list statutes;

1. Relevant Article 214(1) of the Criminal Act, Articles 217 and 214 of the Criminal Act, and Article 347(1) of the Criminal Act (the point of exercising forged securities) of the same Act concerning criminal facts, the choice of punishment (the point of fraud and the choice of imprisonment)

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

3. Article 62 (1) of the Criminal Act;

4. The reason for sentencing under Article 48(1)2 of the Criminal Act for forfeiture does not make any effort to recover damage, but the amount of damage is relatively minor in terms of 1.60,00 won, the defendant has a profound depth, the fact that the current state of health is not good, and the criminal record of fines.

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