Daejeon

Reference domicile Daejeon

Evidence No. 1 seized by the defendant shall be confiscated.

“20 highest 5395

At around 13:00 on August 10, 202, the Defendant, on the alleyway in Daegu, 13:00, her car operated by the victim Kim Jong-○, her hand, her hand, who intentionally used the mobile phone on the right-hand side of the car operated by the victim Kim Jong-○, her while driving as if the accident occurred due to the care of the victim, and as if the accident was destroyed and damaged on the land, the Defendant showed the cell phone whose amount was broken and her cell phone was broken off.” The Defendant said that “The repair cost was changed in cash.”

However, in fact, the defendant was partly damaged by the victim's hand in the vehicle operated by the victim, and the mobile phone size of the defendant was already damaged.

Nevertheless, the Defendant, by deceiving the victims as above, received KRW 500,000 from the victims under the pretext of mobile phone repair expenses on the same day from October 3, 2020, by deceiving the victims on a total of six occasions until October 3, 2020, and received KRW 2,602,50 from the victims under the pretext of repair expenses.

[200 Highest 5895]

On September 27, 2020, the Defendant: (a) around 21:35, Daegu 00, the Defendant made a false statement to the effect that “On the alleyway, 00, the Defendant was faced with losses that intentionally used a mobile phone on the right side of the lower car operated by the victim, and, as the accident occurred due to the care of the victim, as if the accident was destroyed and damaged on the ground by the care of the victim, the Defendant showed the cell phone where the liquid rate was broken and the cell phone was broken off,” and that “The repair cost was changed in cash.”

However, in fact, the defendant was partly damaged by the victim's hand in the vehicle operated by the victim, and the mobile phone size of the defendant was already damaged.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 400,000 from the victim under the pretext of mobile phone repair expenses on the same day. Accordingly, the Defendant was subjected to a delivery of property by deceiving the victim.

Summary of Evidence

[200 Highest 5395]

1. Defendant's legal statement;

1. Each police protocol on ○○○, ○○, ○○, Kim○, Kim○, Kim○, ○○, and Song○○○, the police protocol;

1. Vehicle booms, video CDs;

1. Investigation report (in-site investigation into the place where the amount of damage is delivered), (in-depth investigation into the scene), and (in-house investigation into the suspect's belongings), transfer in cash;

1. Ratification;

1. A report on investigation (the name of the account holder in the name of the suspect, personal information on the account holder, account details, etc.);

[200 Highest 5895]

1. Defendant's legal statement;

1. Statement to ○○○ by the police;

1. Application of Acts and subordinate statutes on report of internal investigation;

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act (Appointment of Imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the weight of concurrent crimes prescribed in the crime of fraud against the largest Kim00)

1. Number;

1. The scope of recommended sentences according to the sentencing guidelines under Article 48 (1) 1 of the Criminal Act;

[Determination of Punishment] Fraudulent Crime: General Fraud [Type 1] below 100 million won

[Special Aggravation] - In cases of aggravation: In cases of habitual crimes committed for unspecified or large number of victims or repeatedly for a considerable period,

[Recommendation Area and Scope of Recommendations] Special Priority Area, Imprisonment with prison labor for one year to three years

3. Determination of sentence: One year of imprisonment with prison labor (the defendant has repeatedly committed the instant fraud in the same number of laws even though he/she has been punished several times in fraud, and repeatedly committed the instant fraud in the same manner, and the quality of the crime is not good because he/she has not recovered from damage: Provided, That a punishment shall be determined by considering the fact that the Jeju District Court has been sentenced to imprisonment with prison labor for one year at the Jeju District Court for a crime similar to the instant fraud in the crime of fraud