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(영문) 서울북부지방법원 2017.04.19 2017고단662
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On May 24, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Eastern District Court, and the term of imprisonment was terminated on January 8, 2014 at the Sungsung Vocational Training Correctional Institution.

[2] On September 15, 2015, the Defendant, at the C office located in Eunpyeong-gu Seoul, Seoul on September 15, 2015, sold the victim D with a license for private taxi transport business (E) in a normal manner, at KRW 80.5 million.

“....”

However, the above personal taxi transport business license was a situation in which it is impossible to authorize the license even if the license is to be revoked by the relevant law as the F is punished by a traffic accident by drinking alcohol on September 11, 2015.

Nevertheless, the defendant deceivings the victim as above and received 70 million won from the victim to the account in the name of the defendant, i.e., the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the accused in the protocol of interrogation of the suspect against the prosecution;

1. Each police statement made to D or G;

1. A copy of bankbook;

1. A contract for transfer or acquisition of a license for a transportation business, a contract for transfer or acquisition of a license for a private taxi sports business, and a license for passenger transportation business;

1. Previous conviction in judgment: Application of the current status of personal confinement and criminal history-related Acts and subordinate 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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to 20 years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the aggravated area (one year to two years) (one year and six months), and the repeated offense of the same kind.

3. The Seoul Northern District Court held on January 13, 2017 at the Seoul Northern District Court that committed the crime of this case, which committed the crime of this case, committed a repeated crime during the period of a repeated crime due to the same kind of crime, the history of punishment for the crime of fraud, including the criminal record of the above repeated crime, reaches four times of imprisonment, three times of a fine, three times of a fine.

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