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(영문) 서울북부지방법원 2017.05.10 2017고단287

사기

Text

A defendant shall be punished by imprisonment for four months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On November 11, 2013, the Defendant was sentenced to three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on August 26, 2016, and the execution of the sentence was terminated at the Jung Eup prison on August 26, 2016. On March 10, 2017, the Defendant was sentenced to two-year imprisonment for the same crime at the Seoul Northern District Court, and the said judgment became final and conclusive on the 30th of the same month.

[Criminal facts]

1. On December 16, 2016, the Defendant committed the crime of December 16, 2016, around 17:37, 2016, at the Jung-gu Seoul Metropolitan Government, and at the bus stops in front of the C hotel, the Defendant did not have the right to receive a prior bus fee, and thus, did not have the right to receive a prior payment of the bus fee. Notwithstanding the fact, the Defendant received a false statement to the four foreign tourists under the name of the victim, stating that “the bus fee for the Incheon Open Port is 15,000 won or more per each time of the victims,” and the Defendant received KRW 60,000,000 for the total of KRW 15,00 per each time of the victims.

2. On December 23, 2016, the Defendant committed the crime of December 23, 2016, around 20:05, received KRW 60,000, in total, KRW 15,000 per one of the victims, when he/she saw four foreign tourists in the name of the damaged person at the bus stops located in front of the 126-dong, Jung-gu, Seoul, Jung-gu, Seoul, as seen above in his/her manner as if he/she was a party to the airport bus, and received KRW 60,000 from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure (voluntary submission), lists of seizure, and photographs of seized articles;

1. A previous conviction in judgment: A reply to inquiry about criminal history, a report on investigation (in the event that a criminal suspect is pending in trial, accompanied by a bill of indictment), indictment by each person, the current status of acceptance of each person, search of a setnet case, application of statutes

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes: