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(영문) 대구지방법원 의성지원 2015.08.27 2015고단122
사기등
Text

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

Reasons

Punishment of the crime

[criminal power] On March 25, 2010, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. in the sexual support of the Daegu District Court, and completed the execution of the sentence on February 21, 201.

On July 18, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. in the same court, and the judgment became final and conclusive on October 19, 2013.

【Criminal Facts】

1. On December 11, 2012, the defrauded: (a) around 10:00, the Defendant: (b) taken a taxi driving by the victim C while making a false statement to the effect that “on arrival in the truth, he would pay a fee when he arrives at the truth,” despite having no intention or ability to pay the taxi expenses; and (c) had the victim operate the taxi even before the progress police box in the 129 North Cheongbuk-gun, the progress of the Cheongbuk-gun, the Defendant acquired the pecuniary benefits equivalent to KRW 80,00,00 by having the victim operate the taxi.

2. At around 10:00 on December 11, 2012, the Defendant: (a) signed and counterfeited a private signature; (b) entered the name of “D”, which is his/her relative, in the Defendant’s signature and seal column, and issued the said written request for summary judgment to the police officer who is not aware of such fact, within the progress police box of 129, along with the progress of the Cheongong-gun, as described in paragraph (1).

Accordingly, the defendant forged another person's signature for the purpose of exercising it, and exercised it.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. A written request for summary judgment;

1. Previous records: Application of criminal records, etc. inquiry reports, investigation reports (Attachment to relevant judgments, etc.), investigation reports, and Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act and Articles 347 (1), 239 (1) and 239 (2) of the Criminal Act (a point of exercising a false investigation signature) that apply to criminal facts and the choice of punishment;

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

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

1. The former part of Article 37 of the Criminal Act, and Article 38(1)2 of the Criminal Act, which increases concurrent crimes;

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