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(영문) 대구지방법원 김천지원 2013.12.03 2013고정566
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] On November 21, 2012, the Defendant was sentenced to two years of imprisonment for fraud, etc. in the Daegu District Court Kimcheon Branch, and the Prosecutor appealed and was sentenced to two years and six months of imprisonment at the Daegu District Court on February 1, 2013 and became final and conclusive on February 9, 2013.

【Criminal Facts】

On January 1, 2012, at around 01:57, the Defendant: (a) committed as if he would pay the completion money in the Dgas charging station located in the Gu-U.S. city operated by the Victim B; and (b) charged the gas amounting to KRW 53,049 on E vehicles.

However, there was no intention or ability to pay gas charging price.

The Defendant, by deceiving the victim as above, did not charge gas equivalent to KRW 53,049 from the victim who believed it and did not pay the price, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A report on the occurrence of a crime (Fraud), investigation report (general, any specific vehicle of a suspected motor vehicle-class level, or minor suspect);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, Defendant's legal statement, and application of Acts and subordinate statutes as a result of the case search conducted by this court;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The fact that there is a history of punishment for the sentencing of Article 334(1) of the Criminal Procedure Act several grounds for the provisional payment order, and the victim's damage has not been recovered: Provided, That the amount of damage is relatively small, and circumstances, such as equity in cases where the judgment has been rendered together with criminal records entered in the judgment, etc., shall be considered;

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