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(영문) 광주지방법원 순천지원 2015.03.19 2015고단155
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 4, 2014, the Defendant was sentenced to six months of imprisonment for fraud, etc. in the Gwangju District Court Manpoon branch on November 22, 2014, and completed the execution of the sentence in the Southern Prison on November 22, 2014.

On January 26, 2015, at around 23:30, the Defendant boarded a taxi in front of the Gwangju Northern-ro 235, which is operated by the victim C and operated to the front of the hospital at which destination is scheduled.

However, the defendant did not have the intent or ability to pay the taxi fee even if the defendant had the victim operate the taxi to the destination.

As above, the Defendant deceptioned the victim, and caused the victim to operate the taxi as above, thereby acquiring pecuniary benefits equivalent to KRW 120,000 of the taxi fee.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Article 347 (1) of the Criminal Act applicable to the crime and Article 347 of the choice of punishment: Selection of imprisonment;

1. Reasons for sentencing of the proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders [Scope of Recommendation] General Fraud (less than KRW 100 million) and the area of aggravation (1 to 2 years and 6 months) of the same repeated crime [decision of sentence] under the same category of repeated crime [a person under special jurisdiction]: The amount of damage has not been significant, the circumstances that are contrary to the disadvantage of a person under special jurisdiction are committed again during the period of the same repeated crime, and the fact that the same crime is repeated;

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