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(영문) 대전지방법원 천안지원 2013.08.29 2013고단824
사기
Text

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

Reasons

Punishment of the crime

On December 30, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Daejeon District Court on December 30, 201, and completed the enforcement of the sentence on May 5, 2012.

[2013Kadan824] Although the Defendant did not have the intent or ability to pay the factual fees, at around 04:21 on May 22, 2013, the Defendant would have been able to board and pay the taxi fees from the Pyeongtaek-si located in Pyeongtaek-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, 36.2k away from this place, the Defendant made a false representation in the future in the name of the “Korea bank” located in the 36.2k-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and then, he did not pay 45,960 won to the said “Korea bank” and did not pay 45,960 won.

[2013Kadan885] Around 18:20 on May 4, 2013, the Defendant acquired financial benefits equivalent to the same amount as the Defendant did not pay for the taxi fee when he did not pay for the said fee even if he did not have cash or effective means of payment in his possession, and he did not pay for the said fee, even if he was on board the H taxi of the victim, he did not have any intent or ability to pay for the said fee.

[2013 Height961] On July 22, 2012, the Defendant: (a) around 12:52, at the “K” restaurant of the Defendant’s operation of the Daedong-gu Seoul Metropolitan Government I located; (b) the fact, despite being provided with food, etc. from the victim, is false to the victim as if he would pay the price if he provided food although he did not have the intent or ability to pay the price; and (c) ordered a portion of Schina and a copy of the air brue and then acquired food equivalent to KRW 28,00 from the victim.

Summary of Evidence

[2013 Height824]

1. Defendant's legal statement;

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

1. C’s self-written statement;

1. A receipt, cash photograph, investigation report (victims and telephone conversations) (hereinafter referred to as "victims") 1.

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