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(영문) 의정부지방법원 고양지원 2017.01.12 2016고단3038
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2016, the Defendant proposed that the victim E, who is a D cab driver, was 15,000 won, which is the amount less than the actual taxi fee, from the front side of the building in Gyeyang-gu, Seoyang-gu, Geumcheon-gu, Seoul at around 02:20 on March 7, 2016, and the victim refused it and tried to start it, caused the victim to suffer the traffic accident by making the victim go ahead by inserting the Defendant’s right light on the front side of the said taxi and causing it to go ahead.

At the same time, the amount of agreement equivalent to the medical expenses was required.

However, this is true that there was no medical treatment of the defendant due to a traffic accident caused intentionally by the defendant.

Nevertheless, the Defendant, at around 15:23 of the same day, remitted 90,000 won from the damaged person to the Agricultural Cooperative account in F under the pretext of traffic accident agreement, and acquired it by deceiving each damaged person in the same way as indicated in the list of crimes in attached Form 1,340,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of G suspects;

1. Statement of each victims;

1. The details of telephone call and remittance, a copy of the statement of damage and remittance receipt, a remittance statement, a photograph of the mobile phone text records, a photograph of the circumstances of each accident and the mobile phone text records, a photograph of the fact of each accident and the fact of each mobile phone, a photograph of the deposit account and the mobile phone text records, a photograph of the fact of the

1. Responses to respective financial transaction information and replys to requests for provision of financial transaction information;

1. Application of Acts and subordinate statutes on the provision of communications data and merchandise coupon numbers and communications data to the respondent;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 352 and 347(1) (the point of attempted fraud) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The mitigated area (one month to one year) of Class 1 (less than KRW 100 million) is not subject to punishment or considerable amount of punishment.

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