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(영문) 서울서부지방법원 2015.10.22 2015고정1099

사기등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On March 2, 2015, around 01:30 on March 2, 2015, the Defendant showed the attitude that the Defendant would normally pay the taxi expenses, and was boarding a taxi operated by the victim C.

However, the Defendant did not have any intent and ability to pay taxi charges at the time of the absence of money.

As above, the Defendant, by deceiving the victims, had them operate to Eunpyeong-gu Seoul Metropolitan Government D on the same day, acquired pecuniary benefits equivalent to KRW 19,090 of taxi charges.

2. On March 2, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) filed a false report with the police officer on the same content, stating that “A taxi engineer was destroyed by entering his/her residence and damaged his/her flowerss; and (b) filed a false report with the police officer on a false criminal fact that has not been seven times more than seven times with the same content as “A taxi engineer destroyed by entering his/her residence” with a police officer on the name-free statement working in the general situation room of 112.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and C;

1. According to the evidence of the judgment (related to Paragraph 1 of the crime committed in the market) on the criminal intent of defraudation of the investigation report (Attachment to the notification of the 112 Report Department) (the notification of the 112 Report Department), the Defendant reported it to 112 as stated in the facts constituting the crime in the judgment without paying the fare after the victim C changed the taxi fee and reported it to 112, as stated in Paragraph 2 of the same Article, and there is only 4,000 won where the police officer called up after

Since it is recognized that the defendant did not pay the taxi fee while doing so, the defendant is judged to have no intention and ability to pay the taxi fee at the time.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (Fraud, Selection of Fines) and Article 3(3)2 of the Punishment of Minor Offenses Act (False Report) concerning the crime;

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

1. The Criminal Act for the detention of a workhouse;