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(영문) 대전지방법원 공주지원 2014.01.24 2013고정148

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 10, 2012, around 14:50, the Defendant: (a) sought in D located in Gongju-si B (C); (b) and (c) made a statement as if he would pay the tobacco value by no later than 6 hours; and (c) brought five smokes, other than Hansan tobacco, as he would have paid the tobacco value.

However, there was no intention or ability to pay the tobacco value.

As such, the Defendant, by deceiving the victim, acquired the property equivalent to KRW 143,00 from the victim.

2. There is no fact that the defendant obtained a driver's license for violating the Road Traffic Act.

Nevertheless, around 14:50 on April 10, 2012, a vehicle with E physical-person lick-man in the section of about 20 km from the area of the Seosung-gu, Daejeon to D located in the above official city B.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to notify registration of disqualified persons for driver's licenses;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act (Fraud), Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the selection of fines, respectively;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.