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(영문) 부산지방법원 2016.04.07 2015고정4863
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On June 30, 2015, the Defendant, “Around 3:00 on June 30, 2015, 2015, the Defendant made a false statement to the victim who requests pre-paid while placing an order in the “D cafeteria” operated by the Victim C in Busan B.

However, the defendant did not have any intention or ability to pay the food cost because he did not have any money in the above restaurant.

As such, the Defendant, by deceiving the victim, was provided with 1 divers and 1 divers by multiplying the total amount of KRW 36,00 by the number of KRW 36,00 from the place of the damage.

2. On July 21, 2015, the Defendant: (a) around 21:50 on July 21, 2015, the Defendant: (b) sent the same belief that the Defendant would reduce the taxi charges by bringing in a taxi for business use in G in front of the Felel located in the Gyeongnam Kimnam-si, Kimnam-si; and (c) showing the victimized person H ( South and 42 years of age) a person who goes in a taxi for business use in front of the Felel located in the Gyeongnam-si, Kimnam-si; and (d) leaving the taxi in front

However, the defendant did not have the intention or ability to pay the taxi fee.

As such, the Defendant, by deceiving the victim and having the victim take action from around 23:30 on the same day, had the victim arrive in the vicinity of the north-gu in the city and thereby exempted the victim from paying KRW 70,000,000, which is equivalent to the same amount, on the ground that there was no money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and H;

1. Application of the Acts and subordinate statutes to receipts, meters photographs;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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