beta
(영문) 인천지방법원 2013.08.30 2013고정2033

사기

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court on May 29, 2013, and the said judgment became final and conclusive on August 17, 2013.

On December 11, 2012, the Defendant, around 01:10 on December 11, 2012, 01: (a) was boarding a private taxi operated by the victim B in front of the Bupyeong-gu Incheon subway Station located in Bupyeong-gu Incheon Metropolitan City Bupyeong-dong, and was making a false statement to KRW 40,000 for active duty service located in Gangnam-gu, Seoul.

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

The Defendant, by deceiving the victim as above, arrived at active duty service, which is a destination for the said taxi that is operated by the victim, but did not pay 40,000 won, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Original of receipts and copies of receipts;

1. Previous records of judgment: Criminal records, etc. inquiry reports and application of Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;