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(영문) 창원지방법원 2014.09.24 2014고단1567
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 14, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Changwon District Court, and two years of suspension of execution were sentenced to a suspended sentence on March 22, 2014, and the said judgment became final and conclusive.

On October 2013, the Defendant, as a person who operates a singing practice room located in Kimhae-si, published an advertisement called "Singking 10 million won of deposit, premium 30 million won, and Ding-si in Kimhae-si," on the first Ling Singing-si, Kim Jong-si, on which the Defendant reported on the above advertisement, he heard the victim E’s phrase “I want to take over a singing practice room. If the permission is granted, I want to take over a singing practice room. I want to take over a singing practice room.” The Defendant may obtain permission on the part of the victim, “The Ging-si’s employees and the head of the Kim Jong-gu, the head of the Ging-si, the head of the Ging-si, the head of the Ging-si, the head of the Ging-si, and the head of the Ging-si, in order to obtain permission, show that he/she has the ability to operate a singing-type, and thus I should first transfer premium 30

However, in fact, the above area is a residential area where it is not possible to obtain permission for a danran, and it is not necessary to pay the premium of 30 million won as evidence for obtaining permission.

On October 10, 2013, the Defendant, by deceiving the victim, received KRW 30 million from the victim, to the Agricultural Cooperative Account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement of E and F;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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