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(영문) 전주지방법원 2016.01.26 2015고정655
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Criminal facts

On October 11, 2014, the Defendant: (a) around 23:49 on October 11, 2014, around 2014, the Defendant called “I” to the victim that I would like to pay a fee after boarding a E-si operated by the victim D, while engaging in the act as if I would pay a fee.

However, in fact, the defendant did not have cash, and there was no means to pay taxi charges, so even if he arrives in the apartment of the above day, he did not have the intention or ability to pay taxi charges.

However, the Defendant had the victim operate the said taxi in the vicinity of the first apartment house located in the 52-ro, Jinsan-gu, Seoul Special Metropolitan City.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 4,00 won of taxi fares.

On December 21, 2014, the Defendant issued an order for each of the following: (a) on December 21, 2014, 2014, at the “H main store” operated by the Victim G in Y in Yasan-gu, Jeonju-si, Jeonju-si, and (b) on December 21, 2014, the Defendant pretended that there was money, and ordered each of the victims to do so.

However, since the defendant did not have money from the beginning, there was no intention or ability to pay the money to both owners.

However, the Defendant was suffering from the injured party, namely, from the market price of 200,000 won.

Accordingly, the defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to KRW 200,000.

Summary of Evidence

"2015 High 655"

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with D "2015 High Court 656";

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 347 of the Criminal Act applicable to the facts constituting an offense;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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