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(영문) 서울중앙지방법원 2017.06.20 2017고정927

사기

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 1, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Central District Court, and on April 14, 2017, the said judgment became final and conclusive.

On September 18, 2016, around 22:55, 2016, the Defendant was provided with services equivalent to KRW 18,600,00 by allowing the victim to operate the said taxi to the said taxi at the Seocho-gu Seoul D Apartment Underground Parking Lot, Seocho-gu Seoul Metropolitan Government Dobong-ro 110 Dobong-ro 51,00.

However, in fact, the Defendant did not have any means of cash or other settlement, so even if he was provided with services for taxi operation, he did not have the intent to pay the said amount.

After all, the Defendant deceivings the victim as above, and acquired pecuniary benefits equivalent to 18,600 won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A taxi charge receipt;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (in cases of detention of a suspect at the Seoul Central District Court), statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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