beta
(영문) 수원지방법원 여주지원 2019.10.18 2019고정212

사기

Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 7, 2019, around 23:54, the Defendant: (a) boarded C cab operated by the victim B prior to the Yancheon-si, Leecheon-si, 1200, and (b) had the victim moveed to a nearby road of the Hacheon-gun, the destination of which was scheduled, by acting as if he would pay a proper taxi fee; and (c) had the victim move to the adjacent road of the Hacheon-gun, the Hacheon-si, the Hacheon-si, the Defendant changed the direction to the Hacheon-si on May 8, 2019; and (d) had the victim drive the said cab until the front of the Changcheon-si, the Changcheon-si, 171.

However, there was no other means of payment other than 50,000 won in cash, and there was no intention or ability to pay taxi expenses from 0,000 to Gyeongbuk-do.

As above, the Defendant: (a) by deceiving the victim; (b) caused the victim to operate a taxi as above; and (c) did not pay KRW 172,300 of the taxi fee; and (d) acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is determined as above by comprehensively taking account of all the sentencing conditions under Article 51 of the Criminal Act, including the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the taxi fee is fully paid and agreed, the defendant’s age, character and conduct, environment, and similar criminal records.