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(영문) 서울북부지방법원 2017.07.19 2017고단1817
사기
Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

One copy of a seized pocket book (No. 5) shall be confiscated.

Reasons

Punishment of the crime

On March 25, 2010, the Defendant was sentenced to seven years of imprisonment for robbery, etc. by the Seoul High Court, and completed the execution of the said sentence in the original prison on October 26, 2016.

On December 16, 2016, the Defendant acquired the amount of KRW 3,525,00,00 from the victims in attached Form 20 times, including the acquisition of KRW 1,60,00 from the victims in compensation for expenses, on the ground that “The victims would be able to receive the basic cost of living, which shall be paid for viewing by the victims, in spite of the ability to receive additional living subsidies, etc. paid by the State, from the victims of the elderly who have difficulties in living.” The Defendant received KRW 3,525,00 from the victims in compensation for expenses, as indicated in the list of crimes in attached Form 20.

In fact, the Defendant, “The 2017 Highest 2348,” did not have an intention or ability to additionally receive living subsidies, etc. paid by the State to the victims of the elderly who have difficulties in living. However, on April 2, 2017, the Defendant, at the home of the victim F in Gui-si, Sin-si, would allow the victim to receive more than 3,50,000 won monthly basic living expenses, and received KRW 3,50,00 from the victim.”

On April 22, 2017, at the victim H house located in Guri-si, the victim made a false statement in the same manner as the victim, and the victim was provided with KRW 700,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, J, and K;

1. Each statement of L, M, N,O, D, P, Q, R, T, U, V, X, Y, Z, AA, F, and H;

1. Police seizure records;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, current status of individual confinement, and report on criminal investigation (verification of facts during the period of suspect repeated crime);

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act, the choice of imprisonment for a crime shall be made.

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