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(영문) 광주지방법원 2017.01.13 2016고단5316

사기

Text

A defendant shall be punished by imprisonment for not less than nine months.

Reasons

Punishment of the crime

On August 19, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Gwangju District Court, and completed the execution of the sentence on September 27, 2016.

1. On November 14, 2016, the Defendant ordered a two-way share as if he would pay the alcohol value to the victim E at the D main points located in the Nam-gu Seoul metropolitan area around November 14, 2016, at around 19:00, the Defendant ordered the two-way share as if he would pay the alcohol value to the victim E.

However, at the time of fact, the defendant did not have a card or cash to pay the price and did not have an intention or ability to pay the price even if the two shares are provided.

The Defendant, as above, was accused by deceiving the victim, and was delivered to 20,000 won per the market price from the injured party.

2. On November 15, 2016, the Defendant, at around 05:30 on November 15, 2016, sent the same attitude that the Defendant would take a string taxi platform of the Gwangju Bank located in Dong-gu, Gwangju-gu, Gwangju-gu, and would pay the victim a taxi fee by taking off the victim’s Gststuna taxi in the victim’s Gystathro, and said that the Defendant said the victim as “a regular business district.”

However, at the time of fact, the defendant did not have the intention or ability to pay the taxi fee because there was no means of payment such as cash or card, etc.

The Defendant, by deceiving the victim as such, had the victim operate the said taxi from around that time to around 05:45 of the same day, and did not pay KRW 9,000 to the 1stma of the Standing District located in the Seo-gu in Gwangju, Seo-gu, and acquired pecuniary benefits equivalent to the same amount.

3. On November 16, 2016, the Defendant ordered two weeks of alcohol as if he would pay the alcohol value to the victim L who is the owner of the business in the Seo-gu, Seo-gu, Gwangju, at the K station located in Seo-gu, Seo-gu, Gwangju around November 16, 2016.

However, at the time of fact, the defendant did not have cash or card to pay the price and did not have an intention or ability to pay the price even if he was provided with two shares, etc.

The defendant deceivings the victim as above, and is given the victim the amount of KRW 200,000,000 to the victim, and the market price is equivalent to KRW 30,000.