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(영문) 의정부지방법원 2014.06.11 2014고단407

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 25, 2014, at around 00:40, the Defendant: (a) boarded the victim D driving taxi in front of the Cridge in order to move back to the Defendant’s residence near the Defendant’s dwelling.

However, in fact, the defendant did not remain in the account linked to the physical card at the time, and even if the victim gets out of the taxi due to the lack of cash, he did not have the intention or ability to pay the taxi fee.

After that, the Defendant, while continuing to change the destination of the victim and ordering the victim who was requested by the victim to pay the price, by deceiving the victim by means of deceiving the victim to leave the taxi, and acquiring financial benefits equivalent to the same amount of 18,000 won at the market price, instead of paying taxi expenses.

2. On January 25, 2014, the Defendant was arrested as a flagrant offender for the same reason as referred to in paragraph (1) and was investigated as a suspect at the office of the economic team office of the Dong-gu Seoul Metropolitan Government Police Station in Gu-si, and among the Dos, the Defendant damaged public documents, such as tearing five chapters among the interrogation protocol of the suspect who belongs to the above police station so that F is prepared and perused by him/her.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes of D;

1. Relevant provisions of the Criminal Act, Articles 347 (1) and 141 (1) of the Criminal Act (the point of fraud), the choice of punishment for the crime, and the choice of imprisonment, respectively;

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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act: Article 62-2 of the Act on the Punishment, etc. of Specific Crimes (Determination of Punishment) for the Suspension of Performance of Official Duties and Destruction [Determination of the Place of Recommendation] Basic Field [Scope of Recommendation] from six months to one year and six years [Scope of Punishment] from one month to seven years [Suspension of Execution] - The reason for positive general reference - The serious reflective / suspension of execution.