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(영문) 대구지방법원 2020.10.08 2020고단2780
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Larceny;

A. On April 17, 2020, the Defendant: (a) at the convenience store of the victim C’s operation located in Daegu-gu, Daegu-gu, Seoul-gu, around 21:00, the Defendant: (b) sought from an employee E a tobacco equivalent to the market price of KRW 4,500; (c) received the said tobacco, and (d) committed a theft without paying the price.

B. At around 11:00 on April 28, 2020, the Defendant: (a) requested the victim C to have tobacco equivalent to the market price of KRW 4,500; and (b) received the said tobacco, and (c) did not pay the price and stolen it.

C. On April 29, 2020, the Defendant: (a) around 20:00, at the convenience store as described in the foregoing paragraph (a) above, sought from E, an employee, a tobacco equivalent to the market price of KRW 4,500; (b) received the said tobacco, and (c) cut off the said tobacco without paying the price.

2. The defrauded did not have a valid means of payment, such as cash or credit card, and even if he used a taxi, he did not have the intent or ability to pay the fee. On April 29, 2020, the Defendant: (a) taken the victim H operating taxi near the “G” restaurant located in F in Busan Metropolitan City on April 29, 2020; (b) took the part as if he would normally pay the fee; and (c) did not pay the taxi fee of KRW 24,00,000, by failing to pay the taxi fee of KRW 24,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Application of the Acts and subordinate statutes in Chapter III of CCTV images;

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and selection of fines for 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the instant crime during the period of suspension of execution, but the criminal defendant is not guilty.

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