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(영문) 서울중앙지방법원 2020.03.25 2019고단6557
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[2019 Highest 6557] On September 6, 2019, the Defendant ordered the Defendant to pay the food value to the “D” restaurant operated by the victim C in Gwanak-gu in Seoul Special Metropolitan City, despite the absence of the intent or ability to pay the food value, as if it were to be paid to the victim. Spatiale one (35,000 won at the market price) and one disease (4,000 won at the market price) at each week (4,00 won).

The Defendant, as above, by deceiving the victim, received the delivery of alcohol and food equivalent to KRW 39,00 from the victim.

[2019 Highest 7044] On August 30, 2019, the Defendant ordered a 1st century and a 1st century (15,000 won at a market price) and a 4,000 won (4,000 won at a market price) to the employees of Gangnam-gu Seoul, despite having no intent or ability to pay the food value at the “G” restaurant for the F operation of the Victim F in Seoul, Gangnam-gu, Seoul.

The Defendant, as above, by deceiving H, received a delivery of 19,00 won and 1 disease per share from H.

[2019 Highest 7443] On October 19, 2019, the Defendant, around 09:26, operated the said taxi to the Korean National Police Agency located in Seodaemun-gu Seoul Metropolitan Government, where the Defendant had no intent or ability to pay the taxi fee by boarding the victim I driver's taxi near the Gangnam-gu, Seocho-gu Seoul Metropolitan Government.

The Defendant, by deceiving the victim as above, had the victim operate the said taxi and did not pay 12,800 won of the taxi fee, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

[2019 Highest 6557]

1. Defendant's legal statement;

1. C’s statement;

1. A criminal investigation report (a relative investigation of a victim) (2019Sang704);

1. Defendant's legal statement;

1. On-site photographs and simplified receipts;

1. Investigation report (victim H telephone communications);

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on taxi receipts;

1. Article 347(1) of the Criminal Act (Selection of Fine) concerning the relevant criminal facts and the choice of punishment;

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