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(영문) 춘천지방법원 영월지원 2015.03.27 2015고정18
사기
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 22, 2014, the Defendant was sentenced to eight months of imprisonment for a crime of fraud in the Young-gu Branch of the Chuncheon District Court on August 22, 2014, and the said judgment became final and conclusive around November 13, 2014.

1. On October 3, 2013, at around 03:05, the Defendant: (a) stated that he was boarding a taxi for business purpose B in front of the police box located in Taesung-si, Taesung-si; (b) provided that he did not have the intent or ability to pay a taxi fee to C, a victim; (c) provided that he believed that he would reduce the taxi fee; and (d) provided that he would have the passenger believe that he would have the passenger pay a taxi fee; and (e) provided that he would not have any money paid KRW 10,080 on the ground that he did not arrive in the Yellow District, which is the destination, after having the passenger go to the Yellow District; and (e) provided that he did not have any money.

2. At around 14:40 on October 13, 2013, the Defendant acquired a pecuniary benefit equivalent to the same amount by avoiding the payment of the amount of money equivalent to 28,000 won, on the ground that the Defendant did not have any money that he/she had been provided to F, the victim of the restaurant, with an intention and ability to pay the food cost, despite having no capacity to do so.

3. On December 12, 2013, the Defendant: (a) received economic benefits equivalent to the same amount by exempting the victim from paying the amount equivalent to KRW 23,00,00, on the ground that he/she did not have any money because he/she had no intent or ability to pay the food cost in the “H restaurant” located in Thai City G; (b) he/she ordered I to sell food, such as sugar, to the victim of the restaurant; and (c) he/she had no money that he/she believed to receive from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement C, F, and I;

1. Photographss of non-standing vehicles and receipts for each vehicle;

1. Previous convictions: Application of criminal records and investigation reports and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Aggravation for concurrent crimes;

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