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(영문) 수원지방법원 안양지원 2014.12.19 2014고단1617

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On July 6, 2014, around 23:32, the Defendant deceptioned D, an employee of the said station, who was an employee of the said station, even if the Defendant was in the CNS car operated by the suspect, inasmuch as he did not have the intent or ability to pay the price even if he was in the CNS car operated by the suspect.

The defendant acquired property profits equivalent to the above amount by not paying the price even though he was supplied with the gas equivalent to 129,000 won from D.

2. Around 01:44 of the same month, the Defendant, at the direct oil station operated by the Victim SK Co., Ltd., Ltd., Ltd., the Geumcheon-gu Seoul, Geumcheon-gu, Seoul, deceiving E, an employee of the said gas station, as if he did not have the intent or ability to pay the price, even if he was paid on a passenger car as set forth in the foregoing paragraph (1).

The defendant acquired property profits equivalent to the above amount by not paying the price even though he was supplied with the gas equivalent to KRW 134,00 from E.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is the same crime, but it is difficult to view that the past crime meeting the requirements for repeated offense differs from this case and the attitude of deception, etc., and repeats the same criminal act. The amount of damage is not a relatively large amount, and since the amount of damage was repaid and used by the victims, it shall be punished by a fine, and the repeated offense shall be punished.