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(영문) 창원지방법원 2015.04.28 2014고단2411

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On March 20, 2014, the Defendant: (a) on March 20, 2014, went into a local village located in the Jeju-si located in the Jeju-dong located in the Jeju-do, the destination of which is Kimhae-si; (b) but (c) did not pay 43,000 won to the victim; and (d) did not pay 43,000 won to the victim, thereby obtaining pecuniary benefits equivalent to the same amount.

2. On the 28th day of the same month, the Defendant, around 02:00 on the 28th day of the same month, went into a F taxi operated by the victim E and arrived at the same destination as that of Paragraph 1, although the Defendant did not pay 34,600 won to the victim, and did not pay 34,600 won to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of C and E;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation] General Fraud (less than KRW 100 million) and where mitigation area (one to one year) (special mitigation person) or considerable part of damage has been reduced [decision of sentence] 4 months of imprisonment, one year of suspended sentence (one year of suspended sentence (one year of suspended sentence), one year of suspended sentence (one year of suspended sentence), and agreement, etc.);