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(영문) 대전지방법원 2015.11.05 2015고정1310

사기

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Daejeon District Court. On June 23, 2015, the said judgment became final and conclusive.

On August 29, 2014, around 04:30 on August 29, 2014, the Defendant: (a) boarded the victim B-si in the G-dong, Seo-gu, Daejeon Metropolitan City; and (b) told the said victim that “I am to D in the vicinity of the Yong-dong Home Pug.”

However, the defendant did not have the intention or ability to pay the taxi fee.

However, the Defendant did not pay 12,00 won of the taxi fee to the victim while the victim was driving the said taxi at the destination.

As above, the Defendant, by deceiving the victim, acquired the above 12,00 won pecuniary benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. B Written statements;

1. Control note;

1. Previous convictions: Application of Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Although the defendant asserts that the judgment on the defendant's argument in Article 334 (1) of the Criminal Procedure Act of the provisional payment order did not memory by taking advantage of the defendant's statement, even if following the defendant's statement, the defendant went to D with a taxi, and there was a close door, and the problem of the charge that the defendant is memorying with a taxi engineer and the franc as a matter of the fee, and the defendant asked the defendant whether he could pay a taxi fee by "no card, cash, and no cash," it cannot be deemed that the defendant was in a mental and physical state even if he was under the influence of alcohol, and it is determined that the defendant had the intention of fraud.