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(영문) 서울남부지방법원 2017.10.18 2017고단1926

사기등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 15, 2017, the Defendant: (a) requested a call taxi at the “D” restaurant located in Kimpo-si, Kimpo-si, Kimpo-si on February 15, 2017; (b) acted as if the Defendant were to pay the taxi fee to the “Yanyangyang 2 Complex,” which is a destination, while boarding a private taxi in this operation.

However, even if the destination arrives at the destination from the beginning, there was no intention or ability to pay taxi charges.

The Defendant had the victim pay 20,340 won of taxi charges, although he/she arrived at the entrance of the Gandong apartment complex in Gangseo-gu Seoul, Gangseo-gu, Seoul, which is a destination.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 20,340 won.

2. On February 15, 2017, the Defendant: (a) asked the victim to not pay taxi charges at the entrance of Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu, Seoul; (b) demanded the victim to report to the police for about 20 minutes; (c) followed up the victim’s escape; (d) the victim, who was hiding under the Gu’s trees, was able to lick up twice the head and neck of the Gu’s house with her head and neck; and (e) caused the victim to go beyond twice the head and neck of the Gu’s house with her head and neck, which require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257 of the Criminal Act (the point of fraud), and the choice of each fine for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act was that the defendant, without the intention or ability to pay the taxi fee, obtained by deceiving the amount equivalent to the taxi fee and used it to assault the victim.