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(영문) 의정부지방법원 2018.02.21 2017고단5852

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 22, 2017, around 02:15, the Defendant: (a) boarded a cab operated by the victim B in front of the 69-10-dong, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-do; and (b) acquired pecuniary benefits equivalent to the said amount by failing to pay KRW 182,00,000, while making use of the said cab to E located in Guri-si, as if he did not have the intent or ability to pay the taxi charges, and did not normally pay the taxi charges.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement B;

1. Application of Acts and subordinate statutes on entry of receipts;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria shall not apply as the case has been selected by a fine)

On September 23, 2016, the Defendant was sentenced to one year of imprisonment by obstructing the performance of official duties at Seoul Northern District Court on September 23, 2016, and again committed the instant crime within the repeated offense period even after the execution of the sentence was completed on March 26, 2017.

However, in consideration of the fact that the defendant led to the confession of the crime, and that the defendant made efforts to recover damage caused by the crime by transferring 200,000 won to the victim, the defendant shall be sentenced to a fine.