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(영문) 수원지방법원 평택지원 2013.05.08 2012고단1326

사기등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

At around 20:00 on September 24, 2012, the Defendant: (a) boarded a private taxi operated by the victim D (the age of 65) in front of the Ansan City cafeteria, and said, “F”.

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

At around 20:25 on the same day, the Defendant: (a) arrived at F, but refused to leave the taxi; (b) continued to operate the taxi operated by the victim at Fwon; and (c) brought the victim to the front of Gtel, saying, “Paw w w w w w w w w w w w w w w k.

The Defendant, by deceiving the victim as above, did not pay 8,00 won for taxi expenses from the victim, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. Grounds for conviction and sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the assertion by the defendant and his defense counsel

A. The alleged defendant and his defense counsel asserted that the defendant did not pay taxi expenses while drinking more taxi expenses than ordinary places and did not pay taxi expenses, and that he did not have the ability and intent to pay taxi expenses because he possessed 48,000 won in cash at that time.

B. The following facts and circumstances acknowledged by the evidence prior to the judgment, namely, the victim’s investigation process conducted two times by the investigative agency, namely, the victim demanded the victim, who was under the influence of alcohol after the victim’s cab and did not get off the taxi, to pay the taxi cost when the victim demanded the Defendant to leave the taxi. Accordingly, the Defendant expressed the victim’s desire to “I am out, I am off, and I am off the taxi.”