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(영문) 서울중앙지방법원 2013.05.29 2013고단260
사기등
Text

Defendant shall be punished by imprisonment with prison labor of one year and two months and by a fine of one hundred thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 29, 201, the Defendant had been sentenced to one year of imprisonment for fraud in the Busan District Court’s Vice Branch Branch, and completed the execution of the said sentence on March 7, 2012 by the Gapo Prison.

2. Criminal facts

On January 11, 2013, the Defendant issued an order of KRW 87,500 per share to the head of the kindergarten business F with no intent or ability to pay the price, even if he/she did not have any money under water and orders the head of the vessel and the head of the vessel, around January 11, 2013, the Defendant committed the crime of January 11, 2013, at the 19:19, Jan. 11, 2013, which was operated by the Victim D (F) located on the first floor of Seongbuk-gu Seoul, Seongbuk-gu Seoul, Seoul (hereinafter referred to as "32 years old).

As a result, the defendant deceivingd the victim D and received goods equivalent to KRW 87,500.

On January 12, 2013, the Defendant committed the crime of January 12, 2013, around 06:48, on the street in front of the North Changdong, Jung-gu, Seoul, Jung-gu, Seoul, the Defendant: (a) took a taxi for business use operated by the victim G (the age of 52) while having no money in the water and had no intent or ability to pay taxi charges; and (b) moved 8.948 kilometers of the taxi rate of 13,400 won to the front of the teahouse located in the Seongbuk-gu, Seongbuk-gu, Seoul.

In this respect, the Defendant, by deceiving the victim G, acquired the pecuniary benefits equivalent to 13,400 won.

B. (i) On August 19, 2012, the Defendant committed the crime of August 19, 2012, at around 21:00, at the “K stores” operated by the J of the victim of the second floor located in Daejeon-gu I, Daejeon-gu, Daejeon-gu, and even if the Defendant orders alcohol and drinking water, etc. as there is no money under water, the Defendant would be able to pay the said amount without any intent or ability to pay the said amount, and was provided by the victimJ with the 42,00 won in total.

Accordingly, the defendant, by deceiving the victim J, received property and acquired pecuniary benefits.

B. On August 20, 2012, the Defendant committed the crime of August 20, 2012, at around 04:12, the Defendant expressed his intent or ability to pay taxi charges because he had no money in water.

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