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(영문) 대구지방법원 2020.07.22 2020고정576

사기등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 3, 2020, the Defendant, around 23:30 on January 3, 2020, called “C” business establishments located in Daegu Suwon-gu B, where the victim D was on board and demanded the operation of the E-cab to F apartment, and that the Defendant would pay the said taxi fee.

However, even if the victim used a taxi operated by the victim, the defendant did not have the intent or ability to pay the price, but gained property benefits by deceiving the victim by not paying KRW 9,100 to the victim.

2. Around 23:50 on January 3, 2020, the Defendant committed assault, such as getting off the taxi from the si on the ground that the victim requested the payment of the taxi fee using the taxi as set forth in paragraph (1) before G convenience stores located in Daegu Suwon-gu, Daegu-gu, and allowing the victim to shock the body of the victim by exposing the door of the said si driver’s seat, and continuously putting down the victim’s dub, and selling three-time face to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Receipts:

1. Application of the Acts and subordinate statutes to photograph CCTV images by capturing them;

1. Relevant Article 347 (1) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense, the choice of a fine, and the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Since there is no change of circumstances that can be considered in sentencing after notification of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the amount of fine prescribed in the summary order shall be maintained as it is. It is so decided as per Disposition on the grounds above.