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(영문) 서울북부지방법원 2013.11.29 2013고단1577
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013 Highest 1577]

1. On June 24, 2013, around 02:40 on June 24, 2013, the Defendant: (a) boarded a D taxi driven by the Victim C in the U.S. Infant Scar distance, Gangnam-gu, Seoul; and (b) obtained economic benefits by failing to pay KRW 9,360,00, after having arrived at the Central Telecommunication Police Station in Seoul, the destination of which is 249-2, where the Defendant had no intent or ability to pay the taxi fee, as if he were to pay the taxi fee, he would have been aware of the fact

2. At around 23:00 on July 1, 2013, the Defendant ordered a victim F, “G” house operated by the victim F, who is in the second floor, Jung-gu, Seoul, to pay the price even if he/she was provided with alcohol, aware, etc., and as if he/she did not have the intent or ability to pay the price, he/she would have paid the price properly, he/she would belong to the victim as if he/she did not have the intention or ability to pay the price, and would have paid the price properly, and then he/she was provided with the victim with 37,00 won in total and 37,000 won in the market price on the job from the victim.

[2013Kadan2418] On October 9, 2013, the Defendant: (a) around 01:20 on October 9, 2013, at the “J” Y operated by the victim I in Jung-gu Seoul Metropolitan Government, the Defendant, despite having no intent or ability to pay the alcohol value, was engaged in a false performance as if he would normally repay the alcohol value; and (b) the Defendant, upon receiving the victim’s share of KRW 290,00,000 in the market value of both liquors, and alcoholic beverages, acquired them by deception.

Summary of Evidence

[2013 Highest 1577]

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written statement;

1. Each receipt [2013 Highest 2418]

1. Defendant's legal statement;

1. A written statement of I;

1. Application of the receipt statute

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62(1) of the Criminal Act provides that the defendant shall choose imprisonment in light of the fact that he/she has a large number of criminal records of the same kind of crime, but shall obtain the pecuniary

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