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(영문) 부산지방법원 서부지원 2020.06.12 2020고단929

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal power] On October 31, 2018, the Defendant was sentenced to three months of imprisonment for fraud at the Busan District Court. On November 9, 2018, the same court was sentenced to eight months of imprisonment and a fine of two hundred thousand won for the same crime. On the same day, the Defendant was sentenced to six months in imprisonment for the same crime in the same court. On the same day, on February 15, 2019, the Defendant was sentenced to four months of imprisonment for the same crime in the same court, and completed the execution of the final sentence in the two prisons from the North Korean north Korean defectors on January 6, 2020.

【Criminal Facts】

1. On April 14, 2020, the Defendant: (a) stated that the Defendant was boarding a cab for business use operated by the victim B on the roads of the racing railway box located in 270 in the Korean won at around 17:08, in order to conclude that the Defendant would pay a taxi fee by lending money from the above D, if the Defendant took to the promise place, because he did not have any money at present; and (b) took to the promise place, she would take the franchising D with the Defendant.”

However, the above D did not have any respect, so the Defendant did not have any intent or ability to pay the taxi fee to the victim by lending money from the above D.

Nevertheless, the Defendant, by deceiving the victim as above, used the said taxi to the front of the racing front of the police box for the racing station, and acquired the pecuniary benefits equivalent to KRW 87,310 of the said taxi fee from the victim via the Posib bus terminal and the F office located in the Nam-gu, Nam-gu, Chungcheongnam-gu, Gyeong-gu and the F office located in the racing.

2. On April 15, 2020, around 16:06, the Defendant partially revised the date and time of the crime indicated in the facts charged without changing the indictment, based on the facts found as a result of the examination of evidence, to the extent that the Defendant did not infringe the Defendant’s right to defense.

The fact of boarding H-si operated by the victim G on the roads in front of the bus terminal located in the Southern-gu, Seoul Metropolitan City at the time of the border is normal despite the absence of the intention or ability to pay taxi charges, because it does not hold a cash or a settlement card.