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(영문) 대전지방법원 천안지원 2017.09.22 2016고단1096
사기등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. On June 15, 2016, around 06:20 on June 15, 2016, the Defendant: (a) committed as if he would normally pay the taxi fare on the front of the first apartment road located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) was boarding a taxi operated by the victim B and had the victim operate the taxi until the same Gu C.

However, the defendant did not have the intention or ability to pay the taxi fee normally even if he had the victim operate the taxi.

Nevertheless, the Defendant, by deceiving the victim and allowing the victim to operate the taxi, did not pay 13,100 won of the taxi fee, thereby acquiring economic benefits equivalent to the same amount.

B. Around 07:00 on June 15, 2016, the Defendant was present along with B on the 112-report that the Defendant did not pay a taxi fee at the YYYYYYYYYYYYYYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYYYY YYYYYYYYYYYYY YYYYYYYYYYYYYYYYYYY

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. B written statements;

1. Video CDs;

1. Application of the receipt statute

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of fines, respectively, for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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