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(영문) 수원지방법원 2019.01.25 2018고정1721
사기
Text

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

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

Reasons

Punishment of the crime

[2018 fixed-term 1721] On May 6, 2018, the Defendant, at around 23:20 on May 6, 2018, at the Suwon-si B and “D” operated by the Victim C, had no intent or ability to pay the food value, and as such, he was aware of the amount equivalent to KRW 26,00,000, and did not pay it, thereby taking property benefits equivalent to KRW 34,000.

[2018Gohap1722] The Defendant did not pay 23,920 won of the taxi fee after he/she gets in the G taxi operated by the Victim F (F) who is a taxi driver at Ansan-si on April 26, 2018, even though he/she had no intent or ability to pay the taxi fee in the E located in Ansan-si located in Ansan-si on April 26, 2018, when he/she got in the G taxi and arrived in front of the H apartment I working in Suwon-si, Suwon-si, Suwon-si at around 21:50 the same day.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

[2018 High Court Decision 1721] The police suspect interrogation protocol against the defendant

1. C’s statement;

1. Invoice, on-site photographs (2018, 1722);

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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