beta
(영문) 수원지방법원 성남지원 2015.11.18 2015고정875

사기

Text

A defendant shall be punished by a fine of 500,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Even if the victims use a taxi operated by the victims, the defendant did not have the intent or ability to pay the taxi fee to the victims.

1. At around 04:00 on May 5, 2015, the Defendant shown the same attitude to pay the taxi fare on the frontway of the Siargian Power Station located in Mapo-gu Seoul Metropolitan Government, Mapo-gu, and was boarding a D taxi operated by the victim C.

The Defendant, by deceiving the victim, caused the victim to drive the said taxi, thereby allowing him to drive approximately KRW 35.6 km up to the short distance of 35.6 km in Seongbuk-gu, Seongdong-gu, Sungnam-gu, and did not pay 31,260 won to the victim, thereby acquiring property benefits equivalent to the same amount.

2. Around 00:00 on May 13, 2015, the Defendant appeared to have the same attitude to pay taxi charges in the vicinity of Yongsan-gu Seoul, Yongsan-gu, Seoul, and was boarding a F taxi operated by the victim E.

The Defendant, by deceiving the victim, caused the victim to drive the said taxi, thereby allowing the victim to drive approximately 33 km of the distance from 19,660 km in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and did not pay KRW 29,660 to the victim, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of C and E;

1. Application of each receipt statute;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;