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(영문) 서울서부지방법원 2020.06.04 2019고단3994

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On August 11, 2016, the Defendant sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and completed the execution of the sentence on April 13, 2019.

【Criminal Facts】

1. On August 22, 2019, the Defendant: (a) around 22:40 on August 22, 2019, the Defendant: (b) purchased the legitimate boarding passes of the train of 206 in the Busan East-gu, Busan-do; and (c) in the Seoul-si, the Defendant did not intend to pay the fare by purchasing the legitimate boarding passes of the train of KSX 172; (d) on the part of the injured Korea Railroad, the Defendant did not purchase the boarding passes by using the vehicle that did not confirm the possession of boarding passes at the time of boarding the train for the convenience of passengers; and (e) on the part of

As above, the Defendant, by deceiving the victim, did not pay the fare of KRW 5,900 from the victim, thereby acquiring the pecuniary benefits equivalent to the same amount.

2. On September 27, 2019, at around 22:30 on September 27, 2019, the Defendant was provided with the “D cafeteria” of the Victim C’s Operation in Mapo-gu Seoul, Mapo-gu, Seoul, as the Defendant pretended that he would pay the price properly even though he/she did not have the intent or ability to pay the food value, and was provided with the victim with one soup which was made so that the victim would have paid the price at an amount equivalent to KRW 18,000 per the market price, which is equivalent to KRW 3,000 per the market price.

Accordingly, the Defendant, by deceiving the victim as above, received property amounting to 26,500 won at the market price from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. C’s statement;

1. Account statement, the transfer of the crew and crew of the KTX trains, and the details of crackdown on non-standing cars;

1. Previous records of judgment: Application of criminal records, confinement status of each individual, judgment, investigation report (pre-suspect of a suspect, previous records, and report on the progress of trial) Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (the choice of imprisonment with prison labor).