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(영문) 창원지방법원 마산지원 2017.11.28 2017고단643
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On November 29, 2013, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Changwon District Court, and the execution of the sentence was terminated on April 23, 2014.

[Criminal facts] 2017 Highest 643

1. On March 9, 2017, the Defendant, who did not pay taxi charges, made a false statement to the effect that he/she gets aboard the F taxi operated by the victim E in front of the D hotel located in Jinju-si, Jin-si, and that he/she would bring 200,000 won on the part of his/her house located in the Southern Navy to Minsan,” to the victim.

However, the Defendant had no intention or ability to pay the fee even if he uses a taxi operated by the injured person from the beginning.

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to operate the “H singing shop” in the Changwon-si G in Changwon-si; and (c) did not pay the fare, thereby obtaining approximately KRW 60,000 of the taxi fare.

2. On March 9, 2017, the Defendant acquired food proceeds by deceptioning the following purport: (a) at the frequency of the “J” book located in Changwon-si, Changwon-si I, Changwon-si; (b) the Defendant made a false statement to the effect that the said victim “I would see it with the current card; (c) I would do so with the food cost calculated; and (d) I would do so at the house located in the Southern Sea-gun, if I lend money.”

However, the defendant did not have the intention or ability to repay the money even if he borrowed the money from the damaged person.

The defendant deceivings the victim as above and caused the victim to settle the amount of KRW 100,000 on behalf of the victim, thereby acquiring property benefits equivalent to the same amount, and acquired 60,000 from the damaged person by deceiving the victim.

3. On March 9, 2017, the Defendant by deceptioning the singing room: “The Defendant would have opened the instant card with the said victim’s “H singing shop” at the “H singing shop located in Changwon-si, Changwon-si, Changwon-si,” and “I will open the said victim’s house located in the Republic of Korea where the said victim would use the said card to calculate the singing room cost and loan money.”

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