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(영문) 광주지방법원 목포지원 2015.04.10 2015고단215
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 28, 2015, the criminal defendant against the victim C was on board the victim’s private taxi in front of the “E” located in Sinpo-si D, and committed as if the victim had the intent and ability to pay the taxi fee to the victim.

However, there was no intention or ability to pay taxi expenses even if the victim takes the defendant to the destination, such as there was only 2,200 won of the money that the defendant had in water.

Nevertheless, the Defendant had the victim operate the taxi path from the above place to the front day of the H “H” located in G when heposa from the above place, and did not pay a taxi fee of 11,020 won.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. Around 02:00 on the same day, the Defendant ordered the victim I to pay the alcohol value to the victim at the “H” restaurant operated by the victim I in G at the time of G, as if he/she had the intent and ability to pay the alcohol value to the victim.

However, the defendant did not have any intention or ability to pay the price even if he received food from the victim, such as there is only 2,00 won of the money which the defendant had in water.

Nevertheless, the Defendant received food worth KRW 22,00,00 from the victim, namely, the market value at the seat.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I and C;

1. H tax invoices and taxi receipts;

1. Application of investigation reports (limited to the confirmation of taxi stuffs and images operated by the injured C), investigation reports (limited to the confirmation of suspect's belongings), and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).

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