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(영문) 인천지방법원 부천지원 2015.08.13 2015고단1444

사기

Text

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

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

Reasons

Punishment of the crime

[criminal power] On June 12, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Suwon District Court’s Ansan Branch on January 3, 2014, and completed the execution of the sentence in the previous prison on January 3, 2014, and on May 14, 2015, the said judgment became final and conclusive on July 31, 2015.

【Criminal Facts】

On November 6, 2014, at around 20:44, the Defendant said that the Defendant was on the roads adjacent to the national bank located in Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, and that the Defendant “Is up to 538-7, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si.”

However, the defendant did not have any intention or ability to pay the cost even if he was provided with the taxi operation service from the victim because he did not have any means of payment such as cash or credit card.

The Defendant, by deceiving the victim as such, had the victim operate the said taxi, thereby obtaining financial benefits equivalent to KRW 9,200 of the fee from the time to the 538-7 road in the Dong-gu, Nowon-gu, Seoul Special Metropolitan City, the destination.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Receipts:

1. Previous records: Application of inquiries, such as criminal records, results of search by prisoners, investigation reports (Attachment to separate judgments and confirmation of the fixed date) and other Acts and subordinate statutes;

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

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

4. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act, where the defendant committed the crime of this case during the period of repeated offense, the punishment as ordered shall be determined in consideration of the fact that the defendant commits the crime of this case, the amount of damage is minor, the amount of damage is determined at the same time