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(영문) 대구지방법원 서부지원 2017.08.16 2017고단196
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 196]

1. On October 29, 2016, at the “D convenience store” of the victim C’s operation in Daegu-gu, Seogu, Daegu-gu, around 05:30 on October 29, 2016, the Defendant acquired and fraudulently acquired pecuniary benefits equivalent to the said amount as the Defendant did not pay 8,500 won as if he would normally pay the said amount, even though he did not have any intent or ability to pay the said amount due to the lack of money.

2. On October 30, 2016, at the “G convenience store” in the “G convenience store” of the victim F’s operation in Daegu-gu, Seogu, Daegu-gu, around 11:50 on October 30, 2016, the Defendant acquired and fraudulently acquired pecuniary benefits equivalent to the said amount by acquiring the said amount as the Defendant did not pay the amount equivalent to KRW 1,600 as if he would normally pay the said amount, even though he did not have any intent or ability to pay the said amount due to the lack of money.

[2017 Highest 1188] The Defendant, on May 14, 2017, 18:50 around 18:50, 201, was driving with a false representation as if he would pay the taxi expenses, and was boarding the SH ( South, 61 years old) on a cab operating this operation.

However, the Defendant did not have any intention or ability to pay taxi expenses from the beginning because he did not have any money in possession.

The Defendant had the victim drive the said taxi at around 19:36 on the same day to the front of the Gu J and K cafeteria.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to 13,300 won of taxi usage fees.

Summary of Evidence

[2017 Highest 196]

1. Statement by the defendant in court;

1. Lritten statements;

1. Receipts:

1. Investigation report (on-site, identification of residence, etc.), investigation report (G convenience point phone statement), investigation report (D convenience point phone statement), investigation report (D convenience point phone statement) (2017 order, 1188);

1. Statement by the defendant in court;

1. A H statement;

1. Application of statutes, such as receipt of taxi fares;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act:

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