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(영문) 서울중앙지방법원 2015.04.16 2015고단885
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2012, the Defendant: (a) on December 24, 2012, at the AP hotel located in Mapo-gu Seoul, set up a taxi in front of the Seoul Western District Court located in Mapo-gu, Seoul to the Seoul Western District Court, stating that the Defendant was boarding a taxi operated by the Victim Q and returned to the Government; and (b) that “A would change to the Seoul Western District Court.”

The Defendant shown several forms of 100,000 won cards prepared in advance for the victim in a taxi stopped as above, and falsely stated that “If the Defendant borrowed 200,000 won as a check to keep cash in a gold court and cash, he/she will immediately repay it to the court,” and that “if he/she borrowed 200,000 won in cash, he/she shall pay it in advance to the court.”

However, the fact was that the defendant had no intention or ability to pay 20,000 won even if he received the money from the victim, and was a plan to escape with the cash delivery from the victim.

As such, the defendant deceivings the victim, which is, 200,00 won from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of Q Q;

1. Application of Acts and subordinate statutes to a copy of a motor vehicle black image;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud [No person who is a special person] [Judgment of sentence] [Judgment of sentence] is currently pending at the appellate court of the Seoul Central District Court in the Seoul Central District Court, taking into account the following circumstances, such as the following circumstances and the defendant's age, character and conduct, family relations, family relationship, home environment, motive and means of the crime, circumstances after the crime, etc., and the sentencing conditions indicated in the records of this case, such as the following circumstances and the defendant's age, character and behavior, family relation, home environment, motive and means of the crime.

Unfavorable circumstances: The defendant is punished several times by the same criminal act.

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