beta
(영문) 수원지방법원 2015.12.03 2015고단653 (1)

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On October 25, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny in a member of the Suwon District Court’s Pyeongtaek District Court’s Housing Site, and the said judgment became final and conclusive on March 24, 2014.

【Criminal Facts】

On July 27, 2013, the Defendant presented G’s driver’s license under the name of the Commissioner of the Chungcheongnam-do Police Agency, as if he was C’s driver’s license, to F on July 27, 2013, at the residence of the Defendant on Pyeongtaek-si B 102, the Defendant: (a) presented the G’s driver’s license to F in the name of Pyeongtaek-si D on July 27, 2013; and (b) presented it to F as if he had been the C’s driver’s license; and (c) stated that “I will have no money now, and I will bring money until the following week. I will show his identification card.” The name in Korea will show G, and it is difficult for the Defendant to provide the 120,000 won of gasoline with the Defendant residing together with the Defendant at the time, with the Defendant, to the effect that “I will put oil in the K-si station, and that I would not have paid the price of the oil at the K-si.”

Accordingly, the defendant had a person who committed a crime corresponding to a fine or heavier punishment escape C.

Summary of Evidence

1. Prosecutions and police suspect interrogation records of the accused;

1. The police statement of the defendant;

1. Examination protocol of suspect C by the prosecution;

1. Each police statement of H and G;

1. A written statement;

1. A list of detailed sales data, a note and a copy of a driver's license, and a receipt;

1. Previous convictions: Criminal investigation reports, court rulings and written opinions, and application of Acts and subordinate statutes to criminal records;

1. Relevant Article of the Criminal Act and Article 151 (1) of the Criminal Act concerning the selection of penalties;

1. Handling concurrent crimes;