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(영문) 대구지방법원 2015.05.20 2015고정424

사기

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 4, 2013, around 00:35, the Defendant told E, a gas station employee, of the victim C in Daegu-gu, Daegu-gu, that the Defendant’s gasoline amounting to KRW 100,000 in the Fran TG car was the main harmful factor.

However, the defendant did not possess cash, cards, etc. at the time and did not have an intention or ability to pay the oil price.

Nevertheless, the Defendant, as above, by deceiving E, received gasoline equivalent to the market value of KRW 100,000 from E, and did not pay the price and acquired the same pecuniary profit for flight.

2. On November 5, 2013, around 01:25, the Defendant stated that the victim’s Ha located in Daegu-gu Daegu-gu International Oil station did not change the victim’s gasoline amounting to KRW 124,000 to the gasoline for the lux car.

However, the defendant did not possess cash, cards, etc. at the time and did not have an intention or ability to pay the oil price.

Nevertheless, as seen above, the Defendant, by deceiving the victim H, was supplied gasoline equivalent to the market price of 124,000 won from the above victim, and did not pay the price and acquired the same pecuniary profit as the escape.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A H statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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