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(영문) 서울서부지방법원 2018.08.28 2018고단1086
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[criminal records] On March 24, 2016, the Defendant was sentenced to one year of suspension of the execution of imprisonment with labor for fraud, etc. on March 10, 2017, the suspended execution was revoked on March 10, 2017, and on July 13, 2017, the Defendant was sentenced to four months of imprisonment with labor for fraud in the Southern Sea Support of the Gwangju District Court, and the execution of the final sentence was terminated on November 17, 2017.

[Criminal facts] 2018 Highest 1086

1. On January 30, 2018, the Defendant: (a) 07:40 on board a D taxi operated by the victim C at the distance of a sports ground in the Suwon-si, Suwon-si, without any intent or ability to pay a taxi fee, and (b) acted as if the Defendant used the victim’s mobile phone to make a telephone call to the effect that “if he/she arrives at the destination by loss of the Ga, mobile phone, and wallets to the audience of Eunpyeong-dong, he/she will pay a taxi fee instead; and (c) he/she used the victim’s mobile phone to make a payment for the taxi fee to his/her relatives by borrowing the victim’s mobile phone.

At around 09:10 on the same day, the Defendant had the victim operate the said taxi before the FPC room in Eunpyeong-gu Seoul Metropolitan Government on the same day and escaped without paying 60,000 won.

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

2. On February 2, 2018, at the FPC room as indicated in paragraph 1, around 04:00, the Defendant made a false statement to the effect that, prior to the use of the said PC room and the receipt of money from the business owner’s account to the G account and the settlement of the PC fee was made with the said money, the Defendant made a false statement to the effect that, even though he did not deposit money into the G account, the Defendant deposited KRW 100,000 to the G’s son’s account inasmuch as he did not have deposited money into the G account, the Defendant paid KRW 5,000 to the son’s son’s account.

The Defendant exempted the Defendant from paying KRW 10,00,00 in total of the PC room usage fee and food cost, and received KRW 10,500 in cash and KRW 10,00 in the market price.

Accordingly, the defendant deceivings the victim.

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