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(영문) 대구지방법원서부지원 2020.12.02 2020고단2633
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 26, 2020, the Defendant issued an order of alcohol and alcohol as if he would normally pay the price to the victim at a “D” restaurant working for the victim C in Seo-gu, Daegu, Daegu, about July 26, 2020.

However, in fact, the defendant did not have certain occupation and property and does not possess any means of settlement such as cash or card, and even if he received alcohol, etc. from the victim, he did not have an intention or ability to pay the price.

Nevertheless, the Defendant, as seen above, did not pay the amount of the Defendant, even though the Defendant had been provided with an alcoholic beverage and an alcoholic beverage equivalent to 16,000 won in total at the market price, such as the following: (a) the pet uniform owned by the victim; and (b) the 13,000 won in total.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant committed the crime of July 27, 2020, around 12:20 on July 27, 2020, 12:20 on a taxi operated by the Victim F on the front side of the Seo-gu Incheon metropolitan market, Seo-gu, Daegu, and was working as if he would pay a normal taxi fee.

However, the defendant did not have certain occupation and property, and does not have any means of payment such as cash or card during the process of receipt, and there was no intention or ability to pay the taxi fee to the victim.

As above, the Defendant, by deceiving the victim, had the victim drive a taxi to the H Hospital located in Daegu-gu G.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 8,200 won of taxi fees.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Police seizure records;

1. Application of the receipt statute

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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