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(영문) 서울서부지방법원 2014.04.17 2013고단2796

상습사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 23, 2012, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Western District Court on May 14, 2013, and completed the execution of the sentence in the Ansan Prison on May 14, 2013.

around 12:00 on August 4, 2013, the Defendant concluded that “E” rental stores operated by the victim D in Seo-gu Daejeon, Seo-gu, Daejeon, “The Defendant would return one of the Defendant’s “E” rental stores from August 4, 2013 to August 7, 2013, 201, 1, 70-20m rental business operator, i, from August 4, 2013 to 7, 2013.”

However, the fact was only lent for the purpose of disposing of the Kameras and sirens, and there was no intention or ability to return it.

As above, the Defendant received property amounting to KRW 61,865,000 in total of the market price from August 1, 2013 to October 18, 2013, including: (a) from the victim by deceiving the victim as above, the Defendant received 7d Kamera one of the 7d Kamera and one of the 70-200m glags from August 1, 2013, from August 12:00 to October 11:30, 2013, by the same method as in the list of crimes in Seoul, Busan, Busan, Daejeon, Incheon, Gyeonggi, and Jeju.

In this respect, the defendant had taken the property by deceiving victims habitually.

Summary of Evidence

1. Statement of the accused in the court room and the first trial record;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement in relation to F, G, H, I, J, K, D, L, M, N,O (P's agent), and Q;

1. Photographss (H, I), receipts (H), proxy copies (P), and photographs of each damaged article;

1. Police seizure records and seizure records;

1. Previous convictions indicated in judgment: Reference references to criminal records, etc., references to criminal records, amounts of dispositions and reports on results of confirmation, and status of personal identification and confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Relevant Article of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. The reason for sentencing Article 35 of the Criminal Act is that repeated crime is committed.