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(영문) 인천지방법원 2016.11.16 2016고단4855

사기등

Text

A defendant shall be punished by imprisonment for four 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 May 26, 2016, the Defendant: (a) on the road near the Gyeyang-gu Incheon Gyeyang-gu Seoul Metropolitan City calculation market, the Defendant was unable to pay the taxi fare on the taxi operated by the victim B while there is no cash or credit card, etc.; and (b) despite the absence of intent or ability to pay the taxi fare, the Defendant was driving the taxi in the C-si operated by the victim B as if the Defendant would pay the taxi fare to the victim; and (c) on the same ground, the Defendant did not have the victim pay KRW 5,300 of the taxi fare after having the victim drive the said taxi up to the 4th place prior to the arrival of the said taxi.

As a result, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On May 26, 2016, the Defendant of the obstruction of performance of official duties did not pay a taxi fee to the police officer, who asked the police officer to question whether or not he would have the means to pay a taxi fee to the Defendant after having received a report from the police officer E belonging to the Incheon Gyeyang-gu Police Station D branch of D branch of the Incheon Gyeyang Police Station, stating that “I will not pay a taxi fee to the said police officer” on the roads in front of the Park Dong-dong subway Station No. 4 in Gyeyang-gu, Incheon, Gyeyang-gu, Incheon. Around May 26, 2016, the Defendant expressed that “I will not pay a taxi fee to the said police officer,” and that the police officer requested the Defendant to voluntarily act with a nearby police box, and assaulted the above police officer at one time at the right side of the police officer’s face due to drinking.

Accordingly, the defendant interfered with the investigation of police officers' crimes and the legitimate execution of duties concerning the protection of people's property.

3. On May 27, 2016, the Defendant damaged public documents, at around 03:35, the Defendant demanded a police officer to submit a mobile phone to the Defendant in the cell room of the Incheon Samsan Police Station located in Bupyeong-gu Incheon, Incheon, Incheon, to submit to the Defendant a mobile phone in order to keep his/her belongings in custody. As such, the Defendant deemed that “on the legal basis of why a mobile phone should be given off and that the mobile phone should be given off.”