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(영문) 광주지방법원 순천지원 2012.11.29 2012고단2989
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On November 3, 2011, the defendant was sentenced to 8 months of imprisonment for fraud in Busan District Court's Dong Branch branch, and the execution of the sentence was terminated on May 31, 2012 in Busan District Court's Busan District Court's Dong Branch.

1. On October 15, 2012, around 19:00 on October 15, 2012, the Defendant ordered the victim of E entertainment tavern operated by the victim D in Ycheon-si, the Defendant ordered the victim of E entertainment tavern with 10 Mariju and 2 Mariju, and called the victim of E entertainment tavern to receive Domi.

However, the defendant did not have any intention or ability to pay the above alcohol value and the incidental cost due to the absence of credit cards or cash possessed by him without a certain occupation at the time.

The Defendant did not pay 4.10,00 won to the victim, even though the Defendant was provided with 100,000 Scam, 10,000 Scam, 20,000 Scam, and 4.10,000 won.

2. On October 23, 2012, the Defendant: (a) around 20:20 on October 23, 2012, 200, called that the Defendant was boarding a G taxi operated by the victim F on the taxi platform prior to the Gwangju Mine-dong Integrated Bus Terminal, while driving a taxi up to the leisure water.

However, the defendant did not have any intention or ability to pay taxi fares due to the absence of credit cards or cash possessed by him without a certain occupation at the time.

The Defendant had the victim operate a taxi from the taxi platform to the boarding of the taxi platform, but did not pay 120,000 won of the taxi fare, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Before judgment: References to criminal records, references to criminal records, reports on results of confirmation before disposition, and application of Acts and subordinate statutes to investigation reports (report on results of confirmation at the expiration of execution);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The sentence is to be imposed in consideration of the fact that the defendant had been punished for the same kind of crime several times during the sentencing period under Article 35 of the Criminal Act, and the execution of the previous sentence has been completed again, and the contents or the crime is to be committed.

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