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(영문) 대구지방법원 포항지원 2019.09.05 2019고정152
사기
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On February 19, 2019, the Defendant was sentenced to imprisonment for eight months for fraud, etc. in the Daegu District Court Port Support, and the judgment became final and conclusive on the same day.

【Criminal Facts】

Around 15:30 on January 3, 2019, the Defendant: (a) boarded a C cab driven by the victim B in front of a complex terminal located in the Dong-dong, Daejeon, Daejeon; (b) asked the said victim to “I would like to go to a passenger terminal in the Gyeongnam-do; (c) can go to 200,000 won; and (d) the said victim asked that “I would be able to go to 200,000 won; (b) I would go to 57 years; (c) I would go to a fishing vessel captain; and (d) I would go to 70,000 won and cards in cash around the complex terminal; and (d) I would go to the above cab and arrive at the above cab by making payment of KRW 200,000,000,000 in cash.”

The defendant continued to use the above victim's "domination that was boomed from the past boom," so far as he did not drink so, he borrowed KRW 50,00 for meal expenses and telecomsing expenses.

By the 11 p.m., 30,000 won is notified of the table account number to be deposited and received from the victim in cash.

However, the defendant did not have the intent or ability to pay taxi expenses to the victim, and there was no intention or ability to pay 50,000 won to the victim.

As above, the Defendant, by deceiving the victim, obtained pecuniary benefits equivalent to KRW 200,000 from the victim on the same day, and received KRW 50,000 from the victim in cash.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Receipts:

1. Before ruling: Criminal records, investigation reports (verification of the latter concurrent crimes of a suspect and the fact of summary indictment), and application of respective statutes of a judgment;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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