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(영문) 부산지방법원 2014.10.08 2014고단6225
사기
Text

A person shall be punished by imprisonment with prison labor for two months with prison labor for the crime No. 1 of the judgment of the defendant, and imprisonment with prison labor for two months.

(b).

Reasons

Punishment of the crime

On June 28, 2013, the defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor and six months at the Busan District Court for the obstruction of performance of official duties.

7.6. The foregoing judgment became final and conclusive, but the suspended sentence was revoked on July 10, 2014.

1. On November 25, 2012, around 21:23, 2012, the Defendant: (a) reported that the D parking lot located in the Busan Metropolitan City Traffic Daegu, and that the D Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do was side; and (b) partially, the Defendant was faced with the left hand hand on the right after the Do Do Do Do Do Do Do Do Do , and even if the Do Do Do was not in the position of the Do Do Do Do, the Defendant was injured due to the said accident; and (c) the victim was provided with KRW

2. On November 8, 2013, around 18:25, the Defendant was provided with KRW 776,00,000 in total from the victim’s Dong-dong Fire and Marine Insurance Co., Ltd., to the victim, even though he was not exposed to any injury, on the ground that, around November 18, 2013, the Defendant was injured due to the above accident on the part of “G” store located in F in the Geum-gu Busan Metropolitan Government, and the Defendant was provided from the victim with KRW 76,00 in total for agreed payments and medical expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and H;

1. Investigation Report-Attachment of details of payment of insurance;

1. The actual survey report on traffic accidents;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

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

1. Reasons for sentencing of concurrent crimes under the latter part of Articles 37 and 39 (1) of the Criminal Act (the crimes of paragraph (1) and the main sentence of paragraph (1) of the same Article, including the crimes of obstruction

1. The sentencing criteria (the second offense at the time of sale) (the scope of recommendations) general fraud;

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