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(영문) 서울남부지방법원 2015.05.20 2015고단1513

사기등

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 15, 2015, around 20:30 on April 15, 2015, the Defendant: (a) taken a D taxi operated by the victim C on the front of Jongno-gu Seoul Jongno-ro 5 (Seoul Jongnoro 5); (b) by deceiving the victim as if he did not have the intent or ability to pay the taxi fee; and (c) had the victim drive the said taxi to the front of Gangseo-gu Seoul Metropolitan City E; (d) requested the victim to pay the taxi fee of KRW 19,900; and (e) did not pay the taxi fee, the Defendant acquired financial benefits equivalent to

2. On April 15, 2015, from around 21:40 to 22:05 of the same day, the Defendant interfered with the operation of the victim’s main office by force by avoiding disturbance, such as cutting the beer’s disease on the floor at the main point of “G” operated by the victim F in Gangseo-gu Seoul, Gangseo-gu, Seoul, by cutting the beer’s disease on the floor, and taking the beer’s desire for the police officers dispatched after receiving the above C and the report.

3. On April 15, 2015, from around 21:45 to 22:05 of the same day, the Defendant obstructed the police officer’s legitimate execution of duties concerning public safety and maintenance of order by assaulting the police officer by assaulting him/her, who was on his/her table, to be asked to pay the taxi fee by the police officer, i.e., the police officer of the Seoul Gangseo Police Station H District, who was called out after receiving the report from the said “G” at the main point of the said “G”, and demanded him/her to pay the taxi fee to C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement made by the prosecutor to the prosecution;

1. Statement of each police station;

1. Each statement;

1. On-site photographs;

1. Each report on internal investigation:

1. Application of the receipt statute

1. Article 347(1) of the Criminal Act applicable to the crime at issue, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act;

1. Trade name;