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(영문) 수원지방법원 2017.06.08 2017고정1042
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. The Defendant was holding a new physical card, which is a means of payment, but the physical card did not have any money, so that he did not have any ability to pay the price even if he uses a taxi.

Nevertheless, the Defendant, around November 7, 2016, 02:17, committed as if he would pay the taxi fee in Gangnam-gu Seoul Gangnam-gu, Seoul, and was boarding a victim B (48 Do, South) taxi operating this operation, and arrived at the 1024-13 roads of the Young-gu, Young-si, Young-si, 1024-13, Young-si, Young-gu, Gyeonghee University.

After arrival, the victim presented a new physical card owned by the defendant to the victim, and the victim escaped during the settlement procedure.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 35,860 won of taxi fares.

2. On November 25, 2016, the Defendant had the same attitude that he would pay food value to the victim in the first floor of the D building in Suwon-si, Suwon-si, Suwon-si, and in the mutual name of the victim E (the victim E (the victim 31 years old, south)). Although the Defendant ordered the victim’s skin, the Defendant did not have the intent or ability to pay the price.

Nevertheless, the Defendant, by deceiving the victim, received a total of KRW 28,00 from the injured party one-half of beer and received a total of KRW 28,00 from the injured party, and did not pay the amount, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each statement of B and E;

1. Application of each receipt statute;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines 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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