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(영문) 서울남부지방법원 2013.03.28 2013고정724

사기미수등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who operates a private taxi B.

On September 12, 2012, around 00:20, the Defendant embezzled the Defendant’s belief that he had without following necessary procedures, such as discovering a new card (LGU smart Bab Lone StarT) issued by the victim C, a passenger, on the front of the 102 Jindo Apartment, Geumcheon-gu Seoul Metropolitan Government, and returning it to the victim.

2. Attempted fraud;

A. On September 24, 2012, at around 01:41, the Defendant attempted to obtain the same amount by deceiving a new card of a stock company, but attempted to obtain the same amount of money, as if the card owner pays 2,880 won a fare on board the taxi with the new card of the victim embezzled as described in the foregoing paragraph (1) with the new card of the victim, as described in the foregoing paragraph (1). However, the Defendant attempted to obtain the same amount of money by deceiving the new card of a stock company, but failed to obtain the approval due to the loss report.

B. On November 12, 2012, at around 23:16, the Defendant attempted to acquire the same amount by deceiving a new card of a stock company, but failed to obtain the approval due to the loss report, as if the card owner would settle 2,400 won with the new card of the victim embezzled, such as the foregoing paragraph (1) on November 12, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the details of card use and the statement of refusal to approve an individual;

1. Relevant provisions of the Criminal Act concerning the crime, Article 360(1) of the Criminal Act that prescribes the choice of punishment (the embezzlement of stolen articles), Articles 352 and 347(1) of the Criminal Act, and the choice of fines;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.