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(영문) 부산지방법원 2016.12.15 2016고정3808

사기등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 3, 2016, the Defendant was sentenced to one year from the Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and the judgment became final and conclusive on September 28, 2016.

1. On March 10, 2016, around 3:30 on March 10, 2016, the Defendant: (a) taken a taxi in the vicinity of the C Hospital located in Busan Northern-gu B; and (b) arrived at around 4:15 on the afterma on the day after the Ga located in F, a destination, as the Defendant would pay taxi expenses.

However, the defendant did not have the intention or ability to pay the taxi fee even if he arrives at the destination.

Ultimately, the Defendant presented a card that was requested to pay KRW 13,500, after having the victim operate the taxi as above, and did not approve the payment of the taxi cost, and acquired property benefits equivalent to the same amount by failing to pay the taxi cost without justifiable grounds.

2. On March 10, 2016, at the same place as indicated in paragraph (1) around 4:35, the Defendant insultd the victim publicly by openly insulting the victim by putting the victim out of the top, i.e., a defective taxi engineer and sloping I, who attempted to voluntarily drive in order to make a decision, at the H District Assistant I called 12 that he did not pay the taxi expenses. In addition, the Defendant was forced to pay the taxi expenses from the H District Assistant I called 112 that he did not pay the taxi expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or I;

1. A report on investigation;

1. Previous convictions in judgment: Criminal records and application of respective statutes governing judgment;

1. Relevant Article 347(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 347 of the Criminal Act, the choice of fines for the crime;

1. The latter part of Article 37 of the Criminal Code and Article 39(1) of the Act on the Control of Narcotics, Etc. (hereinafter referred to as the "Act") of the Criminal Code for the Handling of Concurrent Crimes.