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(영문) 광주지방법원 2015.04.23 2014고단5030

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On December 8, 2014, the Defendant, while under the influence of alcohol at around 14:35, 2014, hereinafter “2014 Highest 5030, the Defendant: (a) on the road near the Southern-gu Busan-gu Busan-dong, the fact was not in possession of cash, etc. at the time; (b) so, even if he uses a taxi, he did not have the intent or ability to pay the taxi fee; (c) as if he would normally pay the taxi fee; and (d) demanded the victim to drive up to 2 amba-dong, Gwangju-gu; and (d) he did not request the victim to drive the said taxi until the said place and did not pay the 6,000 won of the fee to the victim; and (d) obtained economic benefits equivalent

2. On January 2, 2015, the Defendant: (a) around 14:20 on the roads adjacent to the Yangdong market in Seo-gu, Seo-gu, Seo-gu, Gwangju; (b) on the fact that the Defendant does not possess cash, etc. at the time and does not intend to pay the fare if he/she uses a taxi, he/she would like to pay the fare if he/she would normally pay the fare; and (c) on the E-si operated by the victim D, he/she would have taken the taxi and then demand the driver to drive the library located in Seo-gu, Seo-gu, Seo-gu, Gwangju.

The Defendant had the victim operate a taxi to the above place, but did not pay 13,600 won of the fee, thereby acquiring economic benefits equivalent to the same amount.

Summary of Evidence

"2014 Highest 5030"

1. Defendant's legal statement;

1. Written statements prepared by B "2015 Highest 22";

1. Defendant's legal statement;

1. Written statements prepared by D;

1. Application of taxi expense receipts, on-site photographs statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act - Circumstances favorable to the defendant: (a) the fact that the defendant is against the defendant and the amount of fraud is relatively minor; and (b) disadvantageous circumstances: after 2014.