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(영문) 서울중앙지방법원 2020.02.19 2019고단8411

사기등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Around 03:01 on November 22, 2019, the Defendant: (a) boarded the victim Category C taxi operated by the victim B at a non-floor in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul; (b) made a false statement as if the victim would pay the taxi fee.

However, the defendant was under the influence of alcohol and did not intend to pay taxi charges normally to the victim.

The Defendant had the victim operate a taxi up to the road in Seocho-gu Seoul, Seoul, the destination of which is the Defendant, and acquired financial benefits equivalent to the same amount due to the victim’s failure to pay the taxi fee of 6,800 won to the victim.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On November 22, 2019, around 03:18, the Defendant: (a) failed to pay the taxi fee as described in paragraph (1) in front of Seocho-gu Seoul, Seocho-gu, Seoul; (b) failed to comply with the demand to return home and present identification cards after paying the taxi fee to the police station affiliated with the Seoul Air Force Police Station; and (c) failed to disclose personal information, such as his/her name, address, etc., to E, etc. due to a defect in arresting a flagrant offender in violation of the Punishment of Minor Offenses Act.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. B Written Statements;

1. Application of the Acts and subordinate statutes on a letter of arrest of a flagrant offender (name omitted), receipt, investigation report (the photograph of a victim police officer), photograph, investigation report (the investigation of a taxi box), black stuff image, a closure report (CCTV investigation), CCTV image, a lock stuff, and CCTV video CDs;

1. Article 347(1) of the Criminal Act (Fraud) and Article 136 of the Criminal Act concerning the crime.