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(영문) 부산지방법원 2016.06.22 2016고단2002
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 12, 2016, the Defendant: (a) around 13:42, 2016, based on the difference in the victim E, who was scambed in D D’s B 3th floor B B B, Busan-dong, and B 3th floor D’s customer, prior to the receipt stand, the Defendant was issued two copies of a plastic bag containing 62,000 won of the market price from a person under the name of the victim, who was ordered to receive the amount of money for his congratulatory as if he had been paid the money; and (b) the Defendant was issued two copies of a plastic bag containing the money for his cash return, even though he did not have paid the money.

In this respect, the defendant deceivings a person who is not guilty of his name, thereby taking the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A request for cooperation in investigation and attaching photographs of the criminal suspect;

1. Application of Acts and subordinate statutes on investigation reports (the time error of visual recording data and the time specified for committing an offense) ;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendation and sentence] The reduction (a less than KRW 100 million) of the type 1 (a less than KRW 100 million) [a person subject to special sentencing] [a person subject to sentence] the penalty not [a person subject to sentence] [a person subject to sentence] of the crime of this case, even though the defendant had the same criminal record, is obtained by deceiving the victim's property as above, and the nature of the crime

However, considering the fact that the defendant is against the defendant, the fact that the injured person does not want the punishment of the defendant, the amount of damage is relatively minor, and all other circumstances such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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