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(영문) 대전지방법원 2017.02.08 2016고단4094

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant, due to a mental disorder, lacks the ability to discern things or make decisions;

1. Fraud;

A. On October 6, 2016, at around 23:10, the Defendant: (a) boarded a bus terminal located in the Si-S taxi issued by the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and (b) requested the victim AS taxi to operate the bus to the Seo-gu, Daejeon.

However, the defendant did not have the intention or ability to pay the taxi fee.

Nevertheless, the Defendant did not pay 85,000 won when he arrived at the Seo-gu, Seo-gu, Daejeon, on the same day after getting on a taxi driving by the victim, thereby acquiring property benefits equivalent to the same amount.

B. On October 15, 2016, around 16:00, the Defendant issued two orders, namely, “AW” restaurant operated by the victim AV in the Daejeon East-gu, Daejeon-gu, and “AW” restaurant operated by the victim AV in the AU, 2 in the BU.C.

However, the defendant did not have the intention or ability to pay the price.

Nevertheless, the defendant did not receive food equivalent to KRW 63,00 from the person who suffered the same day and did not pay the same amount, thereby acquiring financial benefits equivalent to the same amount.

2. On October 7, 2016, around 00:30 on the roads prior to the Seo-gu Daejeon District Public Security Center, Seo-gu, Daejeon, Daejeon, where the Defendant was notified that he did not pay the taxi fee, and the police officers AY affiliated with the Daejeon Police Station AX District requested the Defendant to provide identification card, and the said AY assaulted the victim’s face at one time due to the defect that the Defendant attempted to arrest the victim as a flagrant offender in the crime of fraud.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 Declarations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement report on AY and AV;

1. Application of Acts and subordinate statutes of the AR preparation;

1. Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment with prison labor) and Article 347(1) of the Criminal Act concerning criminal facts.