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(영문) 서울중앙지방법원 2015.06.11 2015고단143

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 6, 2014, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Central District Court, and completed the execution of the sentence on June 6, 2014.

1. On January 2, 2015, at around 21:57, the Defendant acted as if the victim C were to take aboard a D taxi operated by the Korean Economic Newspapers Institute located in Jung-gu Seoul, Jung-gu and 463, Seoul, and had the victim operate the said taxi up to the front day of the Seoul Middle-gu, Seoul.

However, the defendant did not have money, so even if he used the taxi, he did not have the intention or ability to pay the taxi fee.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to the same amount by allowing the victim to operate the taxi and not paying 8,100 won of the taxi fee.

2. 피고인은 2015. 3. 24. 19:45경 서울 중구 E에 있는 피해자 F가 운영하는 ‘G’ 식당에서 대금을 지급할 의사나 능력이 없음에도 시가 합계 10,000원 상당의 육회비빔밥, 소주 1병을 주문하여 제공받은 뒤 대금을 지불하지 않아 동액 상당의 재산상 이익을 취득하였다.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

3. On April 7, 2015, around 01:30, the Defendant acquired financial benefits equivalent to the same amount by failing to pay the price after receiving orders from the victim I, who had no intent or ability to pay the price in the “J” restaurant operated by the victim I in Yongsan-gu Seoul, Yongsan-gu, Seoul.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and I;

1. C’s statement;

1. Each receipt; and

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, and criminal investigation reports (applicable to the same type of power, repeated crime records, and indictments);

1. Criminal facts;