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집행유예
(영문) 울산지방법원 2013.9.12.선고 2013고단2692 판결
사기
Cases

2013 Highest 2692 Fraudulent

Defendant

A person shall be appointed.

Prosecutor

Ison (Lawsuits) Man-Ba (Public Trial) and Hen-hee (Public Trial)

Defense Counsel

Law Firm Gyeong, Attorney Noh Jeong-soo

Imposition of Judgment

September 12, 2013

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal History Office

From March 2, 2012 to December 22, 2012, the Defendant was a person working for a worker who delivers coffee from Ulsan-gu, Ulsan-gu, as an employee who delivers coffee. The victim C (the victim C) is a person who has a long-term accident and is unable to normally walk the left part of the new body. The Defendant was able to obtain money by deceiving the damaged person as a customer by finding the damaged person as a customer and paying attention to the Defendant. The Defendant was able to obtain money from a person who shows his deposit passbook for the purpose of understanding.

In fact, since the Defendant had been in contact with another person from around December 28, 2012, the Defendant found several apartment units of the victim in several times without having an intention to live together with the victim or marrying with the victim, and “I do like to live together with the victim.” On the other hand, in order to get clothes for raising funds necessary for living together, it is false that KRW 200 million is necessary by purchasing the pre-tax fund and car, etc. The Defendant received KRW 10 million in total from the victim on December 4, 2012 to the extent that he/she received KRW 8 million for the purpose of living together with the victim on December 28, 2012, and from February 12, 2013, he/she received KRW 108 in the same manner as the victim’s property from around December 4, 2012 to around February 18, 2018; and received KRW 15 million in the same manner as the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. C Each police statement of C and D;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 347(1) of each Criminal Code (in general, the choice of imprisonment);

1. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Grounds for sentencing

The decision-making power is expected as if the victim were living together with the victim who was not normal enough, and the amount of the damage is considerably big and has not been damaged, so the victim is selected to be sentenced to imprisonment with prison labor for a considerable period of time. However, the victim is still under the circumstance that the victim has difficulties against the defendant, and the defendant seems to have committed the crime of this case since the victim had the monetary priority first, and the victim seems to have been committed the crime of this case. While the defendant denied the criminal intent in the course of investigation, the defendant has denied his criminal intent in this court, but only recognized his/her mistake in this court, he/she pays part of the amount of damage in the course of trial, while he/she is present in the victim's friendship E, he/she shall be able to take full account of the fact that the victim agreed

Judges

Judges Hah-sik

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