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(영문) 수원지방법원 2013.06.13 2012고정3247

사기

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] On April 18, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Suwon District Court, which became final and conclusive on July 4, 2012.

【Criminal Facts】

1. On November 4, 201, the Defendant showed an attitude of paying gas at the D station operated by the victim C in Jinju-si (hereinafter “C station”) on November 4, 2011, and demanded a gas station in EK5 vehicle volume.

However, the defendant did not have the intention or ability to pay the price.

Ultimately, the Defendant, by deceiving the victim, was provided with gasoline equivalent to 114,000 won at the market price in the same place.

2. At around 03:03 on December 7, 201, the Defendant showed the attitude that the Defendant would pay the gas station at the HY station operated by the victim G in Ulsan-gu, Ulsan-gu, Seoul-gu, and demanded the gas station to pay the gas station at the IK5 vehicle volume.

However, the fact is that the defendant only holds a personal bank check that has no balance with 20,000 won in cash, and there was no intention or ability to pay the price.

Ultimately, the Defendant, by deceiving the victim, was provided with gasoline equivalent to 105,000 won at the market price in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. G statements;

1. A detailed statement of oil supply;

1. Investigation report (investigation into physical cards), photographs, investigation report (in relation to the result of execution of warrants), results of execution of warrants;

1. Investigation report (specific suspect);

1. Previous records of judgment: Criminal records, etc. inquiry report (A), one copy of the summary agreement of the case, and two copies of the relevant judgment and application of Acts and subordinate statutes;

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.