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(영문) 서울남부지방법원 2020.03.18 2020고단111
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 29, 2019, at around 21:24, the Defendant: (a) requested the victim to operate the taxi in the front of the Guro-gu Seoul Metropolitan City Do 63 (Guro dong-dong); (b) as if the Defendant could normally pay the taxi expenses on the front of the “Gu Do Do 63 (Gu dong-dong-dong), the Defendant, on the front of the “Gu Do Do Do Do Do 63 (Gu dong-dong), requested the victim to operate the taxi up to 2260, Seocheon-gu, Gangwon-si, Gangwon-si, Gangwon-do 260,

However, in fact, the defendant was only 15 million won in the number at the time, and there was no intention or ability to pay taxi expenses from the beginning even if he was aboard the taxi.

As such, the Defendant, by deceiving the victim, had the victim operate a distance equivalent to KRW 238,90,00 for taxi expenses and did not pay the price, thereby acquiring pecuniary benefits equivalent to KRW 238,900.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of the receipt statute

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, family environment, health conditions, and motive and circumstances of the crime, as well as the following circumstances, for the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, and for the reason of sentencing

Defendant acknowledges a crime and the scope of damage is relatively minor.

In addition, even though the defendant has been sentenced to a total of 13 times of a crime of the same kind of law (including a concurrent case), there is a significant lack of compliance consciousness, such as recommitting a crime during the period of suspension of the execution of the crime, and the possibility of recommitting a crime is also high.

(k)the damage has not been recovered;

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