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(영문) 광주지방법원 2015.11.18 2015고단3962
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal power] On December 12, 2014, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the wooden Branch of the Gwangju District Court, and completed the execution of the sentence on September 8, 2015.

【Criminal Facts】

1. On October 23, 2015, the Defendant: (a) committed as if he would normally pay the taxi expenses despite having no intent or ability to pay the taxi expenses; (b) took a taxi driving by a victim C while boarding the taxi at the Ydong-dong, Gwangju-gu, Gwangju, the destination of which is the same day; and (c) did not pay KRW 100,000 of the taxi charges to the victim even though he/she went into the Ydong-dong, Gwangju, the destination of which is the same day.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 100,000.

2. Around 00:00 on October 11, 2015, the Defendant: (a) committed the act as if he would pay the drinking value in a normal manner despite the absence of the intent or ability to pay the drinking value; (b) ordered the victim’s alcohol and the alcohol; and (c) was provided by the victim with the alcohol and the alcohol equivalent to KRW 2.40,00 in total.

As a result, the defendant deceivings the victim and received property equivalent to KRW 240,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. Previous records of judgment: Results of the search by prisoners, criminal records, etc., and application of Acts and subordinate statutes of 34 copies of written judgments;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Imprisonment with prison labor chosen;

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. Scope of recommendations on the sentencing criteria: Type 1 (less than KRW 100,00) is aggravated (the same type of repeated crime) by general fraud, from one to two years;

2. Specific grounds for sentencing - The total amount of damage is KRW 340,000: the defendant has a total of 36 times punishment including nine times punishment for fraud, and the defendant has a repeated crime period.

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