beta
(영문) 인천지방법원 2013.06.28 2013고정1859

사기

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On May 14, 2012, at around 20:25, the Defendant was provided with gasoline equivalent to KRW 150,000,00 at the market price from E, namely, at around 20:25, the victim C’s station in Busan B, and the fact did not intend or ability to pay the price even if gasoline was provided. However, the Defendant was provided with gasoline equivalent to KRW 150,00,00 at the market price, which is, the Defendant’s employees, for the BMW X5 car boarding the Defendant.

As a result, the defendant was ordered to receive property from the victim by deceiving E.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of the investigation report (Attachment of the details of cases similar to the defendant, indictment for the same kind of crime, and a copy of the written decision not to prosecute), one indictment, and one written decision not to prosecute, respectively;

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

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he had an intention to pay the oil price at the time of the instant crime, but the Defendant had no other means to pay the oil price by credit card, etc., other than the cash possessed from the beginning at the time of the instant crime; the Defendant escaped between the victim’s employees to receive contact address; the Defendant appears to have little property value even for digital camera entrusted to the said employees; the Defendant alleged that he would immediately pay the oil price to the Chinese employee after the instant crime; however, the Defendant did not know of the Chinese employee’s personal information, etc., at the time of the instant crime; and the Defendant failed to pay the oil price by a similar method other than the instant oil station on several occasions.