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(영문) 서울중앙지방법원 2017.11.30 2017고단5990
상습사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, against the car using side streets, caused a traffic accident by damaging the smartphone, which was caused by a knife onto the road, and led to the occurrence of the traffic accident, and led the victim to receive the cost of repairing smartphones from the victims.

On January 5, 2017, the Defendant: (a) discovered the DSS520 car driven by the victim C which was driven by the latter in front of the Cheongdoro 73-gil 13, Gangnam-gu, Seoul, and (b) reduced the smartphone on the right-hand side of the above vehicle by putting his hand on the road; and (c) acted as if the traffic accident caused by the victim’s negligence and caused the damage to the smartphone; and (d) demanded compensation for the damage to the victim.

However, the above accident was caused by the defendant's intentional act and was not caused by the victim's negligence.

On January 5, 2017, the Defendant received 150,000 won from the injured party to the Defendant’s account under the name of repair expenses for smartphones, and habitually acquired 24,387,000 won in total from the 200 victims through the above method, as shown in the list of crimes, from January 1, 2015 to January 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to E, F, G, H, I, J, and K (including all accompanying documents);

1. A written statement (including all accompanying documents) and a written petition;

1. A copy of each deposit sheet, written estimate, details of financial transactions, and each photograph thereof;

1. Each internal investigation report and each investigation report;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods, frequency of crimes, and the fact that the same crime has been committed in a planned and repeated manner on several occasions;

1. The grounds for sentencing of sentence of imprisonment [the scope of recommended sentence], in addition to the relevant law and Articles 351 and 347(1) of the Criminal Act regarding criminal facts and the choice of punishment.

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