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(영문) 춘천지방법원 강릉지원 2016.06.02 2016고단472
사기
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 25, 2016, the Defendant: (a) on the Dong-dong-dong-dong-dong-si around 23:00, and (b) on fact, the Defendant did not intend or have the ability to pay taxi fares; (c) after boarding a D taxi operated by the Victim C, the Defendant would have “the check has currently a physical card and should not be deposited and settled; and (d) will transfer the account later.

‘Falsely speaking, the victim had the victim operate the said taxi at approximately 255 km section from the above place to the front of the F hotel in Asia-si E.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to KRW 400,000 of taxi charges.

2. On January 26, 2016, the Defendant sent Kakao Stockholm Stockholm to the victim H who operates Kakao-gu Madrote Madrote Madro, although the Defendant did not have an intent or ability to pay the value of rice rice (hereinafter “Madro”) on January 26, 2016.

In the event of sending rice tea, “I will immediately transfer to the account.”

“Alongly speaking,” the Plaintiff was provided with 278,00 won as rice rice.

Accordingly, the defendant was given property by deceiving the victim.

3. 피고인은 2016. 4. 4. 16:41 경 사실은 음식값을 지불할 의사나 능력이 없었음에도, 아산시 충무로에 있는 피해자 I가 운영하는 J 식당에 전화하여 피해자에게 음식값을 지불할 것처럼 행세하면서 전주 비빔밥, 갈비 군만두 등 음식을 주문하여, 이에 속은 피해 자로부터 56,500원 상당의 음식을 제공받았다.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the respective Acts and subordinate statutes of I and H

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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