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(영문) 울산지방법원 2020.08.14 2020고합51

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six 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 March 7, 2020, the Defendant was committed as if he would normally pay the taxi fee after boarding a D taxi operated by the victim C(54 years of age) in Ulsan-gu, Ulsan-gu, Ulsan-gu. B.

However, under the influence of alcohol, the Defendant thought that he did not pay the taxi fee normally without any special reason, and thus, the Defendant did not have the intent or ability to pay the fee even if he used the taxi of the victim.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim operate the said taxi in front of the cafeteria “F” restaurant in the same Gu E, and did not pay the victim the 9,900 won taxi fee to the victim.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to KRW 9,900.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime Assault, etc.) requested the victim to pay the taxi fee in a proper manner at the above temporary taxi, the Defendant caused the injury of the victim, such as fluoral dump, etc. which requires approximately three weeks of medical treatment by making the victim take ear and head fluor, who sits in the driver's seat by hand, and making the victim take part of the victim's face, fluoral bluor, etc. due to drinking and bluoral blus, etc.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. A written diagnosis of injury;

1. Receipt of unpaid taxi charges and investigation report (related to non-payment of taxi charges);

1. Application of the Acts and subordinate statutes to black stuff photographs and victim photographs, investigation reports (related to attachment of black stuff images), black stuffs image images, and the Acts and subordinate statutes on black stuffs video CDs

1. A driver as provided in Article 347(1) of the Criminal Act and Article 347(1) of the same Act regarding criminal facts, the former part of Article 5-10(2) and Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes