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(영문) 서울동부지방법원 2016.05.26 2016고단809

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On January 24, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of six months, which is sentenced to imprisonment for fraud, in order to establish a district court senior branch of the Jung-gu District Court. On November 6, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Gwangju District Court, and the sentence became final and conclusive on January 30, 2015, and the suspended sentence was invalidated, and the execution of the sentence was terminated on July 5, 2015.

[2] On September 6, 2015, the Defendant: (a) committed an act as if he would normally pay the taxi fee despite the absence of the intent or ability to pay the taxi fee due to the lack of money under water in front of the Daegu Suwon-gu building; (b) on September 6, 2015, the Defendant demanded the Plaintiff to board a taxi operated by the victim D and to request the Plaintiff to operate the taxi to the Daegu Dong-gu E resting area.

The Defendant, by deceiving the victim as such, had the victim operate the said taxi from the said place to the Daegu Dong-gu E Standagu E Stand, thereby obtaining pecuniary benefits equivalent to KRW 80,000 from the taxi fee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Records of crime: Application of a written reply to inquiries, such as criminal history, (A) and personal identification/ acceptance status Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the amount of damage caused by the instant crime is not significant, and that the Defendant recognized the crime in this court is favorable to the Defendant.

However, from 2012 to 2015, the Defendant was punished by a fine not less than 20 times due to fraud, such as failure to pay taxi charges or pay the value of food, etc., and was recently punished by suspension of execution and punishment, and again committed the instant crime even during the same repeated offense period, the Defendant is liable for such crime.

In addition, even though the amount of damage is a small amount, it is not completely restored.