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(영문) 청주지방법원 제천지원 2020.04.02 2020고단42
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On October 2, 2019, the Defendant was sentenced to six months of imprisonment for fraud in the original state branch of the Chuncheon District Court, and completed the execution of the sentence in the original state prison on February 10, 2020.

【Criminal Facts】

1. On February 10, 2020, the Defendant was on the part of the Defendant, on February 10, 2020, boarding a D taxi operated by the victim C in the B B B B B B of the Chungcheongbuk-gun, Chungcheongbuk-gun on February 10, 202, and the fact was committed as if the Defendant would have paid the taxi fee to the victim even though he did not have the intent or ability to pay the taxi fee because there was no means of settlement, such as cash, etc. in the water. Accordingly, the Defendant did not allow the victim to drive the taxi up to the Seocheon-gun Station, even though having the victim paid the taxi fee.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 40,700 won of taxi expenses.

2. On February 11, 2020, the Defendant, due to theless taking-off type, obtained on February 11, 2020, “G” around 01:05, 01:05, and “G” for the FF operation of the victim on the second and second floor E, in fact, as if he did not have the intent or ability to pay the food cost, he would normally pay it to the victim. The Defendant, who was so obtained from the victim, one of the following: (a) the 10-becker and one of the 10,000 won in total at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. A alcoholic beverage value receipt and a taxi expense receipt;

1. Previous records: Application of criminal records, etc., investigation reports (report on the period of repeated crime against the defendant and the confirmation of the same kind of power), and the current status of confinement of each individual;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Aggravation of the recommended punishment according to the sentencing guidelines (the determination of types of punishment) shall be limited to the range of recommended punishment [the amount of punishment] according to the sentencing guidelines for fraud crimes: Imprisonment with prison labor for not less than one year but not more than two years and not more than two months;

2. Sentence;

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