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(영문) 부산지방법원 2019.01.08 2018고단3107
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

(b) was provided with 1 brub 1g brub and 3,500 brub brub equivalent to 6,000 won;

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

around 12:43 on July 11, 2018, the Defendant found at the Gandong community center located in Busan-ro 30, Busan-gu, Busan-do, and demanded F who is a public official in charge of E to “A few million Wons that have no money to go at the bottom of the city,” but was refused, saying “Abreging, drinking, having no money to go on, or having to go on, the welfare, or having to go on, the part of the public official in charge.” However, the Defendant expressed that “Abreging, having to go on, and having to go on, the part of the public official in charge of E” was “Abreging, having to go on, and having to go on, the part of the public official in charge.”

Accordingly, the defendant attempted to damage public goods and attempted to do so.

Summary of Evidence

"2018 Highest 3107"

1. Defendant's legal statement;

1. Written statements of D;

1. Previous records of judgment: Criminal records, etc. and investigation reports (the fact that the period of repeated crimes of the same kind is period and the same records);

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Relevant legal provisions concerning facts constituting an offense, Articles 347 (1), 143, and 141 (1) of the Criminal Act (the point of attempted damage to public goods) of the choice of punishment, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommending punishment according to the sentencing guidelines* Fraud [Extent of recommending punishment] General Fraud (less than KRW 100 million) and the area of aggravated punishment (one year to two years and six months) (specially under), the same repeated crime;

2. Circumstances disadvantageous to the determination of sentence: A large amount of criminal punishment due to the same kind of crime (Fraud), the circumstances favorable to the fact that the crime is committed during the repeated crime period: the amount of damage to the crime of fraud is relatively minor, and the damage to the public goods is about the attempted crime, and all of the sentencing conditions, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, are considered.

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