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(영문) 광주지방법원 2013.08.27 2013고단2713
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 15, 2008, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at a public order branch of the Daejeon District Court on July 15, 2008, and on October 31, 2008, on July 5, 2010, the Defendant completed the execution of the final sentence in a public prison on July 5, 2010. On April 9, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the public order branch of the Daejeon District Court on July 17, 2013, and the said judgment became final and conclusive.

【Criminal Facts】

The Defendant committed the following crimes under the status that the Defendant has no ability to discern things or make decisions due to an unsound mental disorder:

1. On December 11, 2012, around 08:00 on December 11, 2012, the Defendant made a false statement to the effect that he/she would pay a taxi fee to the victim as if he/she had the ability to pay a taxi fee, and that he/she would pay a taxi fee to the taxi operator to the taxi hold in the front-nam bus terminal in Pyeongtaek-gu, Seo-gu, Seoul Special Metropolitan City.

However, as the defendant was only 10,00 won, there was no intention or ability to pay the consideration even if he was provided with taxi driving services from the victim.

Accordingly, the defendant, by deceiving the victim and allowing the victim to transport the defendant to the window in the front-Namn area, acquired the financial benefits equivalent to 35,000 won of taxi costs.

2. On February 4, 2013, around 10:04 on February 4, 2013, the Defendant made a false statement to the effect that the Defendant would pay a taxi fee to the victim as if he/she had the ability to pay the taxi fee to the victim, after boarding a F taxi driven by the victim E, a taxi engineer, on the street in front of the Pyeongtaek-gun building in Pyeongtaek-gun, Pyeongtaek-gun, Chungcheongnam-gun, Chungcheongnam-gun, Hagu, in front of the building, the Defendant would pay the taxi fee to the victim.

However, the facts do not exist because the defendant did not hold money as a non-official.

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