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(영문) 서울중앙지방법원 2021.03.24 2021고단357

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On January 10, 2018, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Western District Court (Seoul Western District Court) and was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court on June 27, 2019. On November 27, 2019, the Jeju District Court sentenced the Defendant to one year of imprisonment for fraud at the Jeju District Court, and completed the enforcement of the sentence on September 15, 2020.

[2] The Defendant, on January 4, 2021, from January 4, 2021 to 19:00 on the same day, demanded that the Defendant, despite having no capacity or intent to pay the alcohol value in the “D” for the victim C’s operation of the victim’s 1st underground floor located in Gwanak-gu Seoul Special Metropolitan City B, Seoul Special Metropolitan City, he would be able to pay the alcohol value, and that the Defendant was issued KRW 1,40,000 in total from the victim and the Defendant received delivery of the 140,000 per cent and the 1,000 per cent.

The Defendant, around 03:20 on January 3, 2021, the Songpa-gu Seoul Olympic Games, referred the victim as “G hotel to pay the taxi fee normally,” as if he/she was boarding the F taxi operated by the victim E and paying the taxi fee normally.

However, the Defendant did not have the means of payment such as cash, and did not have the intent or ability to pay the taxi fee to the victim.

From the same day until 03:57 of the same day, the Defendant: (a) had the victim take advantage of the property interest equivalent to the same amount as he did not pay KRW 20,300 for the taxi 20,000 after having the victim transport the 56-1 B-ro, Jung-gu, Seoul to the police box via his hotel; and (b) had the victim take advantage of the same amount.

Summary of Evidence

"2021 Highest 357"

1. A written statement, receipt, and on-site photograph of the defendant's legal statement C;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (Confirmation of a suspect A's existing punishment records), 2021 highest order 426;

1. Statement by the defendant in court;

1. E statements;

1. Receipts:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;