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(영문) 서울북부지방법원 2015.09.11 2015고정1285

사기등

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant intentionally faced with a motor vehicle, and the defendant pretended to the actual traffic accident, and tried to receive the agreed money and valuables from the driver of the motor vehicle.

1. On April 10, 2015, at around 23:45, the Defendant: (a) observed the progress of the erash car driven by the victim D (the age of 19) on the back side of a restaurant located in Gangnam-gu Seoul, Gangnam-gu; (b) intentionally contacted the erash on the top of the vehicle’s string; (c) as if the actual traffic accident occurred; (d) demanded the victim to pay the agreed money and valuables to the victim; and (e) received money and valuables worth KRW 7,600,000, in total, of the market price of the erash A and the flus.

2. Around April 13, 2015, the Defendant attempted to commit fraud: (a) observed the progress of a car by I, which the victim H (the age of 29) drive on the back side of a G cafeteria located in F in Gangnam-gu Seoul Metropolitan Government, in front of the G cafeteria; (b) intentionally contacted the car on the front side of the vehicle; and (c) had intentionally contacted the car with the upper part on the front side of the vehicle; and (d) demanded the victim to reach an agreement.

As above, the Defendant, by deceiving the victim as above, intended to receive an agreement by which the amount of money can not be known from the victim, and the victim refused to pay the agreed amount, thereby making it impossible for the victim to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Statement in the occurrence of each traffic accident by H and J;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 347 (1), 352, and 347 (1) of the Criminal Act concerning the choice of punishment, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;