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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Justice] On August 12, 2011, the Defendant was sentenced to 10 months of imprisonment for a crime of fraud in the Daejeon District Court’s subdivision support. On June 9, 2012, the Defendant completed the execution of the sentence in the interest prison.
【Criminal Facts】
around 10:13 on February 9, 2014, the Defendant made a false statement to the victim E that “I would transfer gas to the hingot account.”
However, the Defendant did not have any intention or ability to pay the oil price on the ground that there is no money in fact.
Nevertheless, the Defendant, by deceiving the victim as such, has taken the amount equivalent to 66,00 won of gasoline from the victim.
From that time until April 2, 2014, the Defendant enticed victims as stated in the list of crimes in the attached Form, and provided a total of KRW 662,00 in nine times.
Accordingly, the defendant was provided property by deceiving the victims.
The Defendant, “2014 Highest 1604”, the Defendant: (a) needs gasoline in order to pass a car owned by the Defendant; (b) however, there is no property owned by the Defendant, and (c) did not have the method of paying the amount of liquor according to the Plaintiff’s transfer of gasoline to the account with the limited liability of the gas station, thereby deceiving the staff of the gas station as if he were to transfer the gasoline to the account.
At around 13:35 on July 25, 2014, the Defendant made a false statement to the victim that “I will forward the amount to the victim by transferring it to the present one because the account number is written on the one hand,” as if I would pay gasoline in the H station operated by the victim G, which is located in G, which is located in the G, the G, which is located in the G, the Defendant paid the amount of gasoline equivalent to KRW 80,00,00 to the Defendant’s car.”
However, the defendant has no income due to the absence of a certain occupation, and there was no intention or ability to pay the price even if gasoline is provided by the victim due to the absence of any specific property.
The defendant belongs to this.