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광주지방법원 2017.09.08 2017고정375

사기

Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

On September 1, 2016, the Defendant was sentenced to 10 months of imprisonment and 2 months of imprisonment for fraud in the Southern Branch of the Gwangju District Court, and the said judgment became final and conclusive on January 25, 2017.

1. On February 25, 2016, the Defendant committed the crime on February 25, 2016, around 20:00 on the front day of the Yong-do dialogue, the same applies to the cab driver B, who was employed by the cab driver as an employee.

Along with two persons who can confirm whether the wife is an employee by pretending to be a drinking house guest, the wife would pay 250,000 won and pay 100,000 won and 100,000 won and 100,000 won each by driving the taxi to Gwangju.

However, at the time, the defendant did not have the ability to pay the above consideration to the victim because of no particular property or income.

The Defendant made the victim’s false statement as above, and caused the victim to operate the taxi on the same day from 20:30 to 03:00 on the following day, and the victim did not pay the taxi expenses and the amount of the income and the amount of the property profit equivalent to the same amount that the victim promised to pay, but did not pay.

2. On February 27, 2016, the Defendant of the crime committed on February 27, 2016, on the front day of the YY-dong dialogue on February 27, 2016, the Defendant would pay the victim B at once to the victim B by requesting the operation of the taxi in the same manner as that of paragraph (1), and by paying the taxi expenses that had not been paid before the date.

From 20:30 on the same day to 03:00 on the following day, the victim did not pay the taxi expenses and the amount of money that he/she promised to allow the victim to operate the taxi and to accompany the two persons.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the Act and subordinate statutes to inquire about the criminal history of the police’s statement statement recording Kakao Stockholm communications with B

1. Article 347 (1) 1 of the Criminal Act concerning a crime