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(영문) 의정부지방법원 고양지원 2013.11.21 2013고단724

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2013 Highest 724"

1. On May 7, 2013, the Defendant: (a) around 01:20, the Defendant: (b) boarded the victim C taxi operated by the victim B from the inland dong distance in Gyeyang-gu, Seoyang-gu; and (c) told the victim to “Songyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.”

However, the Defendant did not have any intention or ability to pay taxi charges even if he uses a taxi due to the absence of cash in the number of times and the absence of other means of settlement.

Ultimately, the Defendant, as seen above, induced the victim, and went to the Mapo-gu Office by getting on a taxi of the victim, thereby acquiring economic benefits by failing to pay KRW 11,400,00.

"2013 Highest 907"

2. Although the Defendant was not in possession of any means of payment and did not have intent or ability to pay taxi charges, on June 9, 2013, around 05:23, 2013, the Defendant viewed the Defendant’s attitude to pay taxi charges to E-si operated by the victim D in front of the Seoul Western Station located in Jung-gu Seoul, Jung-gu, Seoul, Jung-gu, Seoul, and had the victim board to operate the taxi even before the Seoyang-gu Office in Seoyang-gu, Seoyang-gu.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 20,300 won of taxi fee from the victim.

Summary of Evidence

【Criminal facts of No. 1 at the Time of Sales: 2013Sang724】

1. Defendant's legal statement;

1. B written statements;

1. Receipts (criminal facts of subparagraph 2 at the time of sale: 2013 highest907);

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (statement of a suspect - amount held at the time);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment with labor);

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

1. Article 62 (1) of the Criminal Act (The following circumstances among the reasons for sentencing shall be considered):

1. The crime of the accused with the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act;