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(영문) 창원지방법원통영지원 2020.10.12 2019고정356

사기등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Justice] On October 25, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and six months and a fine of five hundred thousand won for fraud, etc. in the Changwon District Court’s common support on October 25, 2019, and the judgment was finalized on May 29, 2020.

【Criminal Facts】

1. Fraud and the Defendant, around 10:00 on September 6, 2018, told the victim B to a destination as if he were to pay the taxi fee even though he did not have the intent or ability to pay the taxi fee in front of the 27 YYYYYYYYYYYYY, in return for the Gosung-gun, Gosung-gun, Gosung-gun, Jinnam-gun, Gyeongnam-gun, the Defendant acquired economic benefits equivalent to the said amount by failing to use the said taxi and pay 140,000 won for the use of the said taxi in front of the trade name in the Hoyang-si, the 27 YYYYM

2. On July 15, 2019, at around 08:50 on July 15, 2019, the Defendant: (a) hambling from the Defendant’s mother E (here, 84 years old); (b) hambling the head of the Victim; and (c) hambling the Defendant’s head.

Summary of Evidence

1. The defendant's legal statement B, each police statement of the defendant Eul;

1. Previous records of judgment: Application of criminal records, circular records, Konet case search, and certified copy of judgment Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (Fraud point), Article 260(2) and (1) of the Criminal Act (the point of violence) and the selection of each fine for the crime;

1. Of the concurrent crimes under the latter part of Article 37 and Article 39(1) of the Criminal Act, the first head crime and the case where the first head crime in the judgment of the reason for sentencing under Article 334(1) of the Criminal Procedure Act as to the order of provisional payment under Articles 37, 38(1)2 and 50 of the Criminal Act and Article 70 and Article 69(2) of the same Act shall be taken into account, while considering the balance between the first head crime and the case where the case was adjudicated at the same time after the issuance of the summary order as to this case, the punishment as set forth in the disposition shall be determined by taking into account the following factors: (a) the first head crime and the offense committed before