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(영문) 부산지방법원 2009.10.20.선고 2009고단4521 판결
상습사기,상습사기미수
Cases

209 Highest 4521 Habitual fraud, Habitual Fraud

Defendant

Kim A (73 years old, South)

Prosecutor

Man-corging machine

Imposition of Judgment

October 20, 2009

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal History Office

1. Habitual fraud;

On September 3, 2009, the Defendant purchased 10,000 won from the convenience store of the “operation of the victim Gangseo-dong, Busan, which is located in the Dog-dong, Busan, and paid 10,000 won to the victim, and received 9,500 won from the victim, including 5,000 won worth.

Since then, the Defendant concealed one sheet of KRW 5,000 among the above Sscams in Scam, and then received less than KRW 5,000 from the victim. The Defendant added KRW 5,000 and made a false statement, and received KRW 5,000 from the victim, that is, the Defendant received from the victim.

The Defendant was habitually delivered KRW 30,000 in total on six occasions as indicated in the list of crimes in the following manner between the above date and 12:55 on the same day.

2. Habitual frauds;

A. At around 12:50 on the same day, the Defendant: (a) purchased 450 won or more from “the victim’s operation of Dopdong-dong-dong-gu, Busan, and paid 50 won or more to the victim; and (b) received 9,550 won or more from the victim, including 5,000 won or more.

Since then, the Defendant concealed one sheet of KRW 5,000 among the above Scams in Scam, and then was reduced to KRW 5,000 by the victim. Although 5,000 was added and the victim made a false statement, the Defendant did not have the intent to refuse it on the wind of the victim.

B. At around 12:53 on the same day, the Defendant: (a) purchased one of the victim Kim Jong-dong, Busan, from the victim Kim Jong-dong, Dog-dong, and paid KRW 500,000 to the victim; and (b) received KRW 9,500,000, including KRW 5,000, from the victim.

Since then, the Defendant got less than KRW 5,000 out of the above Scams, and made a false statement, but the Defendant did not have the intention to refuse it on the wind that the victim refuses.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement on the police statement related to the lecture, leapC1, C3, C4, MaximumC5, and Park C6;

1. Each complaint;

1. Seizure records;

1. Each report on investigation;

Application of Statutes

1. Article applicable to criminal facts;

Articles 352, 351, and 347(1) of the Criminal Act (generally, choice of imprisonment)

Judges

Judges Kim Gin-han

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