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(영문) 서울북부지방법원 2013.04.10 2012고정3189

사기등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around 02:20 on September 10, 2012, the Defendant, despite the absence of an intent to pay the taxi cost, acting as if he would have paid the taxi fee by getting on a taxi in the operation of the victim C (Nam, 47 years of age) and having the victim move from the place to the front of the Seoul Dongdaemun-gu D Hospital, and obtained the pecuniary benefit equivalent to the same amount by failing to pay the taxi fee of KRW 13,680.

2. In full view of the following circumstances acknowledged by each evidence duly adopted and investigated by the court of this case, namely, ① the Defendant appears to have lost a wall containing at least 75,00 won in cash from September 9, 2012, which was the day before the instant case, to the day before he gets on the instant taxi, ② The time when the Defendant lost the wall can be immediately before her getting on the instant taxi; ② the Defendant could have known the fact that the Defendant lost the wall when she was under the influence of alcohol at the time she was on the instant taxi; ③ the Defendant was at the time she was under the influence of alcohol; ③ the Defendant was at the front of the D Hospital where she had been at the time when she was unable to pay her taxi charges, and it is difficult to deem that the facts charged of this case was proven to the extent that there is no reasonable doubt only by the evidence submitted by the prosecutor, and there is no other evidence supporting this.

Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the