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(영문) 부산지방법원 2012.12.06 2012고정4958

사기

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

On May 30, 2012, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Busan District Court's Dong Branch Branch, and the judgment was finalized on June 8, 2012.

On December 8, 2011, the defendant, around 23:42 on December 23:42, 201, the victim C works in the Dong-gu Busan Metropolitan City, that the defendant would pay the victim the oil to the Efrane car in which the defendant was born as if he would pay the oil to the victim.

However, there was no intention or ability to pay the price.

The Defendant, by deceiving the victim as above, did not pay the amount of gasoline equivalent to the market value of KRW 134,00,000 from the victim, thereby acquiring economic benefits equivalent to the said amount.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Previous offense: Results of case search, application of a copy of judgment, and Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Articles 70 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;