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(영문) 서울동부지방법원 2018.04.12 2017고단3199
사기등
Text

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

Seized evidence Nos. 1, 3, 4 and 6 shall be confiscated from the accused.

In this case.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to one year and six months of imprisonment due to fraud, etc. in the credit support of Suwon Friwon, and on February 8, 2017, the original prison has three more penalties in addition to the completion of the execution of the sentence.

Criminal facts

The defendant, in advance, put a part under the wheels of the vehicle that operates the road with the medical stick set up on the road, and tried to take the money by deceiving the driver from the driver in the name of expenses, as the stick was lost due to a traffic accident.

On September 19, 2017, around 16:10 on September 16, 2017, the Defendant discovered the vehicle coming from K3 passenger cars driven by the victim D on the road in Gwangjin-gu Seoul Special Metropolitan City, and loaded part of the medical stick under the wheels of the above vehicle, and caused the traffic accident, by deceiving the victim as if the stick was lost, and receiving 1.20,000 won in cash from the damaged party for repair expenses, and then, from May 5, 2017 to September 19, 2017, the Defendant attempted to receive 220,000 won in cash over seven occasions in total, such as the daily list of crimes from around May 5, 2017 to September 20, 2017, or to receive and receive money from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the fourth public trial protocol;

1. Statement made by the witness F in the fifth public trial records;

1. Each police statement made to D or G;

1. Each statement of F, E, H, I, and J;

1. The type A of the suspected person;

1. Data to output the KS7 Vehicle Track Images, video CDs recorded in the damaged vehicle cambling, black cambling images, and caps and photographs of the black cambling images;

1. Protocols of seizure and list of seized articles;

1. Previous convictions: References to inquiries, such as criminal history, (A), reports on investigation (verification during the period of suspect A repeated offense, and attachment of relevant judgments);

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud) regarding criminal facts, Articles 352 and 347(1) (the point of attempted fraud) of the Criminal Act, and the choice of imprisonment, respectively.

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