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(영문) 서울중앙지방법원 2015.01.23 2014고단6157
사기
Text

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

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

Reasons

Punishment of the crime

【Criminal Power】 On November 27, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud and larceny at the Seoul Central District Court on one year and six months, and the said judgment became final and conclusive on December 5, 2014.

【2014 Highest 6157】

1. On May 16, 2014, at N convenience stores located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City, the Defendant made a false statement to the victim O who is an employee that he/she deposited the check in cash withdrawal (ATM) and did not withdraw on the day. Therefore, if he/she lent a taxi fee of the same student, he/she was in charge of mobile phone and he/she was paid back immediately as he/she left.

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

Nevertheless, the Defendant deceiving the victim as above and received 170,000 won in cash from the victim.

2. On June 7, 2014, the Defendant made a false statement to the victim R, an employee, within Q convenience store located in Yongsan-gu P, Yongsan-gu, Busan Metropolitan City on July 19:15, 2014, stating that “A third person has a card, and a Dong-gu taxi expense is required. If a taxi fee is lent, it would be repaid immediately as having a card.”

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

Nevertheless, the Defendant deceiving the victim as above and received 2.70,000 won in cash from the victim.

[2014 Highest 9505] On June 12, 2014, the Defendant made a false statement to the victim U who is an employee at the T convenience store located in Mapo-gu Seoul Metropolitan Government Seoul Metropolitan Government, stating that “ATM does not operate a taxi because he/she is getting on or off a taxi in Daejeon,” and that the cash withdrawal (ATM) would not operate. If the Defendant borrowed money for the reason that he/she is living in the apartment house immediately next to him/her, he/she would immediately repay the money.

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

Nevertheless, the Defendant deceiving the victim as above and received 290,000 won in cash from the victim.

Summary of Evidence

[Judgment of the court below]

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