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(영문) 서울동부지방법원 2017.08.25 2017고단2079

사기

Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

On July 1, 2017, around 01:40, the Defendant used the said taxi to the roads near Seongdong-gu Seoul Metropolitan Government E around the same day as he/she would have paid the taxi expenses near the subway new path station located in Yeongdeungpo-gu Seoul Metropolitan Government. On the same day, the Defendant was boarding a D taxi operated by the victim C and used the said taxi to pay the taxi expenses.

However, the defendant did not have any intention or ability to pay taxi expenses from the beginning because he did not have any money in possession.

The Defendant: (a) by deceiving the victim as above; (b) had the victim operate the said taxi; and (c) exempted the victim from paying approximately KRW 18,000,00 of the taxi fee; and (d) obtained pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] In the mitigated area (one month to one year) [the person subject to special mitigation] [the decision of sentencing] in the mitigated area (one month to one year] under Article 1 of the General Fraudulent Act, or in the case where damage has been restored to a considerable part of the punishment [the decision of sentencing] despite the fact that the defendant had been punished several times for the same kind of crime, if the defendant again committed the crime in this case, the amount of damage is minor, the victim does not want the punishment, the fact that the victim does not want the punishment of the defendant, the fact that the defendant recognizes and reflects the crime, the defendant's age, sex, criminal record, criminal record, the means and consequence of the crime, the circumstances after the crime, etc., shall be determined as the same as the order.