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(영문) 의정부지방법원 고양지원 2018.07.06 2018고단1088

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On May 1, 2018, the Defendant: (a) was driven by the victim as if he were to pay the taxi charges, on the roads in front of the “astronomical Integrated Bus Terminal” located in the south-dong-dong-dong-dong-dong-dong-dong-dong, Chungcheongnam-gu, Chungcheongnam-gu; and (b) the fact is that the Defendant used a taxi operated by the victim C even if he was aware of the intention or ability to pay the said charges.

D cab and caused the victim to operate to the police station located in the Dong-gu, Busan Metropolitan City in the 1338 U.S. at the center of the Dong-gu, Busan Metropolitan City, the purpose of which is the purpose of which is, the victim acquired financial benefits equivalent to the same amount due to the failure to pay 135,600 won of the taxi fee.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

1. The relevant legal provisions of the criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] [the grounds for sentencing of punishment] of type 1 (less than KRW 100 million) in the mitigation area (one month to one year), [special mitigation person] in the case where the crime of this case was committed again even during the suspension period of execution [the decision of sentence] in the case where the crime of this case was committed again while the crime of this case was committed during the suspension period for the crime of fraud (the decision of sentence]. The defective attitude of the defendant, who appears to have been given observation of the protection ordered in the judgment that rendered the above suspension of execution, is not much more than 135,600 won, which are favorable circumstances, such as the damage amount, the agreement with the victim, and the fact that it appears to be contrary, shall be considered in consideration of all the sentencing conditions set forth in Article 51 of the Criminal Act, including the defendant's age and circumstances after the crime, and determine the sentence within the scope of sentencing set within the sentencing guidelines