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(영문) 부산지방법원 2015.04.03 2014고단7445

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 13, 2014, around 01:30 on August 13, 2014, the Defendant sent the same attitude to pay the taxi fee by getting on a taxi for business operated by the victim C, and said to the destination.

However, even if the defendant uses a taxi, he did not have the intention or ability to pay the price.

Nevertheless, at around 01:53 on the same day, the Defendant: (a) by deceiving the victim as above; (b) caused the victim to arrive at the destination of the location of the Dong-dong, Busan; and (c) did not pay KRW 11,760,00,000 to acquire the same amount of pecuniary benefits.

2. On August 13, 2014, the Defendant obstructed the performance of official duties regarding the prevention and suppression of the above F crime, which is a police officer, by checking the horses to the effect that, around 01:53, the Defendant: (a) on the road near the police box located in Busan Haba-gu; (b) on the road near the police box located in Busan Maba-gu; and (c) from F, the police officer of the police box who was called out upon receiving the said C’s report, he paid the fee and returned home, and (d) taking a bath to the said F; and (b) taking the mobile phone to the said F, the Defendant obstructed the legitimate performance of official duties regarding the said F’s crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

1. Relevant Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the same Act and the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Crimes against the Defendant; Article 62 (