beta
(영문) 전주지방법원 2018.12.12 2018고단2116

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence Nos. 2 and 3 shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On September 5, 2017, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Jeonju District Court, and completed the execution of the sentence at the Jeonju prison on February 28, 2018.

[Criminal facts] The Defendant intentionally contacted a vehicle on a alleyway, etc. run by a vehicle, and committed a traffic accident as if the vehicle driver’s negligence caused the accident, and attempted to acquire money and valuables by demanding compensation for damage.

1. Around 18:00 on March 10, 2018, the Defendant said that the Defendant was faced with the Defendant’s hand on the passenger car set in the front of the C upper shop located in Yansan-gu Seoul Special Metropolitan City (hereinafter “C upper shop”), which was driven by the victim D while driving on the road in front of the C upper shop located in Yansan-gu, Seoul Special Metropolitan City, and that “The Defendant was damaged by the vehicle with the car and the car caused the damage to the Defendant’s hand, thus changing the repair cost.”

However, in fact, the defendant had intentionally contacted the victim's car with his intention to obtain money, and the above awareness was the first shoulder.

As above, the Defendant: (a) deceiving the victim and received KRW 20,00 from the victim, namely, as a repair expense, from the victim; (b) and (c) deceiving the victims by the aforementioned method from September 21, 2018 to September 21, 2018; and (c) received a total of KRW 808,000 from the victims, in total, 15 times from the victims.

2. Attempted fraud;

A. On July 9, 2018, the Defendant committed the crime on July 9, 2018: (a) around 07:50 on the roads near the F church located in Geumcheon-gu, Seoul Special Metropolitan City, in the same manner as the written in paragraph (1) on the roads near the F church located in Seo-gu, Seoul Special Metropolitan City; and (b) demanded KRW 50,000 for the repair cost after intentionally faced with the victim’s G car; (c) however, the victimized person would have the account transferred.

The intention was not achieved by the wind that is not actually transferred, but was attempted.

B. On July 13, 2018, the Defendant committed the crime, around July 13, 2018, faced intentionally with the victim I’s passenger car in the same manner as the Defendant stated in paragraph 1 on the front of Seo-jin-gu, Seoul Special Metropolitan City H lending around July 13, 2018.