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(영문) 서울서부지방법원 2014.05.28 2013고단3093
사기
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On December 14, 2012, the Defendant was sentenced to a suspended sentence of two years in the Seoul Central District Court for habitual fraud, etc. on October 10, 201, and the said judgment became final and conclusive on the 22th of the same month, and is currently under suspended sentence.

1. On October 17, 2013, around 07:20 on October 17, 2013, the Defendant, even though he did not have the intent or ability to pay taxi expenses on the front day of the department store in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, he was aware that he would have been able to pay taxi expenses and would have been able to pay taxi expenses.

As such, the Defendant, by deceiving the victim, had the victim drive a taxi, and did not pay 28,700 won for the taxi, thereby acquiring property benefits equivalent to the same amount.

2. On October 20, 2013, the Defendant: (a) around 13:30 on October 20, 2013, the Defendant, even though there was no intent and ability to pay the food value in the “G” restaurant operated by the Victim F, the victim F, on the first floor in Jung-gu Seoul, Jung-gu, Seoul, to pay the food value to the victim; (b) on the other hand, the Defendant did not pay KRW 13,000 in total the food value after having changed to the

3. At around 02:40 on October 26, 2013, the Defendant, even though there was no intent or ability to pay the drinking value in the entertainment tavern under the trade name of “J” operated by I in Dongjak-gu Seoul, Dongjak-gu, Seoul, as if he were to pay the drinking value to K, the Defendant changed the drinking value by two weeks and one week, and did not pay a total of 280,000 won of the drinking value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The K's statement;

1. Application of the Acts and subordinate statutes of the reception receipt;

1. Article 347 (1) of the Criminal Act applicable to the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there are many criminal records of the defendant with the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the defendant reflects the crime of this case and repents in depth.

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