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(영문) 인천지방법원 2012.11.02 2012고단6028
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 24, 2011, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in Hongsung Branch of the Daejeon District Court, and the execution of the sentence was terminated on August 26, 201.

1. On June 3, 2012, the Defendant: (a) in collusion with C even though he/she was on board a taxi because of the lack of money owned by the Defendant; (b) did not intend or have the ability to pay the price; (c) did not intend to pay the price to C; and (d) did so before the National Bank located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, as if he/she would pay the victim D a taxi fee; and (d) did not pay KRW 7,300,00 of the taxi fee to E-si, Seo-gu, Incheon, Seo-gu, Incheon; and (e) did not pay the 477

2. On July 1, 2012, at around 09:00, the Defendant: (a) called the victim G, an engineer of the said taxi, who was boarding a private taxi, in spite of no intent or ability to pay the price in front of the 342-2, Nam-gu, Nam-gu, Incheon; (b) caused G to believe that he/she is true to operate the taxi; and (c) caused G to believe that he/she was true to drive the taxi; (d) around the passage of the liver-dong in the same Gu-dong-dong-dong-dong-dong-dong-gu, Incheon to go back to the first place of riding; and (e) requested G to return to the place where the Defendant was on board, and made G to take the first place of riding the direction, and (e) did not pay KRW 10,200,000, a taxi fee, despite having arrived at the destination as requested by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Written statements of D;

1. Receipts:

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation date of the date of release);

1. Relevant Article 347(1) and Article 30 of the Criminal Act (the fraud described in paragraph (1) at the time of sale), Article 347(1) of the Criminal Act (the fraud described in paragraph (2) at the time of sale), and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes:

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