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(영문) 대구지방법원 안동지원 2013.04.18 2013고정36
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On February 28, 2012, the Defendant ordered a “D” restaurant operated by the victim C in Ansan-si B, Ansan-si, and the fact, even if ordering food, etc., did not have the intent or ability to pay the price, the Defendant ordered the victim to kill the price as if he were to pay.

As above, the Defendant: (a) received food and alcohol equivalent to KRW 27,00,00, in total, from the victim, i.e., murdering and drinking in stone; and (b) did not pay the said amount; and (c) acquired financial benefits equivalent to the said amount.

2. Around 22:00 on April 1, 2012, the Defendant: (a) taken a cab in the vicinity of the Andong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si,

As above, the Defendant: (a) by deceiving the victim; (b) had the victim drive a taxi to the destination; and (c) did not pay KRW 13,000 to the taxi fee; and (d) acquired financial benefits equivalent to the said amount.

3. On April 7, 2012, the Defendant: (a) moved in the Hadong-dong located in Ansan-dong-si; (b) the Defendant, despite having no intent or ability to pay a taxi fee, was deemed to have been paid even if he/she went to the destination of the taxi; and (c) the Defendant, despite having no intent or ability to pay a taxi fee, was going to the Iel at the time when he/she went to the H taxi driven by the victim G and went to the

As above, the Defendant: (a) by deceiving the victim; (b) caused the victim to drive a taxi to the destination; and (c) did not pay KRW 30,000 to the taxi fee; and (d) acquired financial benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of C and E of their respective statements and G explanatory notes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 37 of the Criminal Code among concurrent crimes.

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