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(영문) 서울중앙지방법원 2014.10.07 2014고단6405
사기
Text

A defendant shall be punished by imprisonment for one and half years.

Reasons

Punishment of the crime

1. On July 12, 2013, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on March 30, 2014.

2. On May 6, 2014, around 14:25, the Defendant presented a transportation card with a difference between KRW 10,00 won cultural product right and KRW 16 and drinking water to the victim E (n, 22 years of age) who is an employee at the D convenience store located in Dongjak-gu Seoul Metropolitan Government as of May 6, 2014.

Accordingly, the Defendant, who heard the victim’s statement that the payment cannot be made due to the shortage of the balance of transportation cards, stated that “The Defendant will bring the victim with cash five minutes after the face of the week, because he was living in the recent public notice room.” The Defendant drawn up the note “F and public notice tele G” and sent it to the victim.

However, in fact, the Defendant had no intention or ability to pay the right of cultural products and the cost of drinking water from the beginning, and the above transportation card lacks balance from the beginning, and it was false that the name and telephone number stated in the memos, and that it was added to the memos published telecom.

Nevertheless, the defendant deceiving the victim as above and received from the victim the 160,000 won of cultural products right and one drinking water equivalent to the market value of 1,000 won from that time.

8. By the time of July, 17, three beverages and one cigarette amounting to KRW 1,00,000,000 in six times, as shown in the attached list of crimes, were 109 cultural product rights and 5,700 won in the market value, respectively.

In this regard, the defendant was informed of the victims and received each property.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each statement of H, I, J, K, L, and M;

1. Each report on the occurrence of a crime, a report on the results of identification, a report on the results of appraisal, a photograph taken by a suspect, and CCTV photographs;

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