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(영문) 서울중앙지방법원 2016.03.18 2015고정4412

사기

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 3, 2013, the Defendant was sentenced to a suspended sentence of imprisonment for four months at the Seoul Southern District Court for fraud, and the said judgment became final and conclusive around that time.

On January 23, 2013, the Defendant: (a) around 16:00 on January 23, 2013, the Defendant: (b) obtained pecuniary benefits equivalent to KRW 12,700 of the taxi rate by getting on the taxi of the victim B (45 years) and operating approximately 3 km from the 241 Central University Hospital of Dongjak-gu Seoul Metropolitan Government to the road front of the 241 Central University Hospital.

around 20:33 on February 7, 2013, the Defendant was provided with an amount equivalent to KRW 18,000,000 for the victim F ( South, 42 years old) as if he did not have any intent or ability to pay the food value at the “E” 'E located in Jongno-gu Seoul Metropolitan Government D' 'E' book.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous convictions: References to inquiries, such as criminal history, and the text of the judgment "2015 High Court Decision 4412";

1. "Receipt 2015 High 4413";

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on customer orders;

1. Relevant Article 357 of the Criminal Act and Article 357 (1) of the Criminal Act and the selection of fines for criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;