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(영문) 수원지방법원 2017.04.27 2017고단69
사기
Text

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

Reasons

Punishment of the crime

On March 30, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon prison on March 30, 2016, and the execution of the sentence was terminated at the original prison on December 15, 2016.

On December 29, 2016, the Defendant: (a) around 06:45 on December 29, 2016, the restaurant operated by the Victim D D in Suwon-gu, Suwon-si; and (b) on December 29, 2016, the Defendant was provided with alcoholic beverages and food equivalent to KRW 25,000 in total, including red sugars, wress, and wress, which had no intent or ability to pay the price, even if he/she orders alcohol and food, and was engaged in the act as if he/she would normally pay the price to the victim.

Accordingly, the defendant was given property by deceiving the victim.

On December 26, 2016, the Defendant: (a) boarded the F taxi operated by the victim E from the middle-dong distance in Suwon-si, Suwon-si on December 26, 2016; and (b) had the victim operate the said taxi before the Gyeong-si, Gwangju-si, by having the victim properly pay the taxi fee.

However, the defendant did not have any means of payment such as cash, so there was no intention or ability to pay taxi charges.

The Defendant: (a) by deceiving the victim as above; (b) caused the victim to operate the taxi as above; (c) did not pay 48,200 won of the taxi fee; and (d) acquired pecuniary benefits equivalent to the said amount.

On December 24, 2016, the Defendant: “I” restaurant operated by the victim H in the wife population G around 18:30 on December 24, 2016, the Defendant shown that even if he/she orders alcohol and food, he/she did not have an intent or ability to pay the price, he/she would pay the price to the victim; and that he/she was provided with a mistake of KRW 43,000 in the total market value of KRW 43,00 and a dub number of 1,000, and acquired it from the victim.

Summary of Evidence

"2017 Highest 69"

1. Statement by the defendant in court;

1. The investigation report (by telephone);

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