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(영문) 서울남부지방법원 2016.09.27 2016고단3694
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Evidence Nos. 1 through 5 (Seoul Southern District Prosecutors' Office.)

Reasons

Punishment of the crime

[Criminal record] On October 16, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the enforcement on April 6, 2016 at a permanent prison.

[Criminal facts]

1. On May 28, 2016, the Defendant: (a) around 09:49 on May 28, 2016, at the D convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, filling 30,000 won for T-money transportation cards to the victim E, an employee; (b) currently holding a 1 million fake check, as well as for the 1,000 foot check, and paying the charge.

‘False speech' was made.

However, the Defendant did not have any intention or ability to pay the charge for T-mone transportation cards.

As above, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to charge 30,000 won of the above T-moneone transportation card (F); and (c) did not pay the filling amount; (b) thereby, acquired the pecuniary benefits equivalent to the same amount; and (c) acquired the pecuniary benefits equivalent to KRW 6,750,000 in total from April 17, 2016 to August 49, 2016, as shown in the List of Crimes (1) of the Attached Crimes.

2. On April 22, 2016, the Defendant attempted to commit fraud: “T-moneoneoneone transportation card to the victim without his/her name at H convenience stores located in Young-gu G Building 104, Suwon-si, Suwon-si. The Defendant would charge 20,000 won to the victim. The present one million won fake check is to bring about and pay the charge.

‘False speech' was made.

However, the Defendant did not have any intention or ability to pay the charge for T-mone transportation cards.

Nevertheless, the defendant deceiving the victim as above and let the victim pay 20,000 won of the above T-moneoneone transportation card (F) and failed to pay the charge, thereby acquiring a considerable amount of property profit. However, the defendant tried to acquire the same amount of property profit by not paying the charge, but he was attempted to hear the statement that the victim did not have the charge amount from the defendant and immediately cancel the charge, and as well as the attempted charge list (2) of the annexed crime list.

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