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(영문) 수원지방법원 2015.06.04 2015고단653
사기등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On October 17, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment for special larceny at the Suwon District Court’s Pyeongtaek District Court’s House for Special Theft, and the said judgment became final and conclusive on October 25, 2014.

【Criminal Facts】

1. On July 27, 2013, at around 08:35, the Defendant committed the crime of fraud under Paragraph 1 of the judgment of the victim E in Pyeongtaek-si D, the victim appears not to be the employee G but to be the Friju E, and is likely to have a substantial disadvantage to the Defendant’s exercise of his/her right to defense. Therefore, the Defendant recognized the crime as above.

In the operation of the Friju station, the “Friju station” made a false statement to the G, who is an employee of the place, stating that “I will have no money at present on the ground that there is no money at present, and then will bring money to the next week by the following week. The name in this country is H, which will show an identification card.”

However, at the time of fact, the identification card produced by the defendant was obtained by another person, and even if gasoline was provided by the victim, there was no intention or ability to pay the price.

Nevertheless, the Defendant, by deceiving G as such, obtained gasoline equivalent to 120,000 won owned by the victim from G in the same place.

2. The Defendant for unlawful uttering of official document presented and exercised the H’s driver’s license under the name of the Commissioner of the Chungcheong Police Agency, which was in possession of a person who was requested by G, an employee, to present an identification card at the place specified in paragraph 1.

3. As stated in paragraphs 1 and 2, the Defendant is likely to be subject to criminal punishment due to the fraud of gasoline by deceiving G as well as unlawful uttering of H’s official document. On September 2013, at the Defendant’s residence of Pyeongtaek-si 102, the Defendant, who was living together with the Defendant at the time, put the oil in the gas station.

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