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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On December 5, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court, which became final and conclusive on April 13, 2015.
1. Fraud;
A. On June 2, 2014, the Defendant: (a) left the parking of the EM3 car owned by the Defendant in D located in Busan metropolitan area C around June 2, 2014; and (b) concluded that, around June 3, 2014, the Defendant reported the Defendant’s car to the Defendant, and made a false statement to the victim F, an employee of the said D, who called the Defendant, would pay repair expenses.
However, there was no intention or ability to pay repair costs even if the car is repaired due to the lack of cash or available credit cards.
While the Defendant was inspected and repaired in an amount equivalent to KRW 319,00,000 for the above car on the same day from the victim, the Defendant stated that “I would immediately deposit the account number because I had been posted on a wall” to G, who is the above D accounting staff, and carried the vehicle.
Accordingly, the defendant, by deceiving the victim, acquired the pecuniary benefits of 319,000 won.
B. On August 4, 2014, the Defendant committed the crime of August 4, 2014, around 16:12, 2014, paid the oil paid at the I station located in H of Kimhae-si, the victim J, an employee of the said station, changed the Defendant’s gasoline amounting to KRW 82,00 to the said vehicle, and made a false statement.
However, there was no intention or ability to pay the price even if the price is paid with no cash or credit card available at the time.
The Defendant received gasoline equivalent to the market price of 82,000 won from the victim, i.e., the victim.
Accordingly, the defendant was given property by deceiving the victim.
C. On September 17, 2014, the Defendant committed the crime committed on September 17, 2014: (a) the running line at the end of the mid-to-date Busan Metropolitan City Line 744, located on September 22:50, 2014, along the route 744.