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(영문) 대구지방법원 2013.07.19 2013고정1689

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 30, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor for habitual fraud in the Daejeon District Court's collegiate branch on March 15, 2013, and the judgment became final and conclusive.

On April 13, 2012, at around 23:05, the Defendant: (a) boarded the C Pharmacy located in Daegu Northern-gu B; (b) took a taxi driving by the victim D; and (c) took a taxi to the destination, despite having no intent or ability to pay the taxi fee, the Defendant, despite having no intent or ability to pay the taxi fee, requested the victim to pay the 'F of Daegu-gu', which is the destination; (d) taken the victim into consideration; and (e) taken the victim into consideration the payment of the 4,00 won of the cab fee from the victim; and (e) obtained pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (victim's statement);

1. Previous convictions in judgment: Criminal records and court rulings (be subject to the application of Acts and subordinate statutes of 12 high-ranking 347);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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