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(영문) 인천지방법원 부천지원 2014.11.13 2014고단2126
사기등
Text

A defendant shall be punished by imprisonment for 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 July 26, 2014, the Defendant: (a) around 02:30 on July 26, 2014, the Defendant: (b) took a cab operated by the victim B to the destination; (c) made a false statement as if he/she would pay the face value of the taxi to the destination.

However, at the time of fact, there was no money owned by the Defendant, and there was no intention or ability to pay taxi charges even if the victim was born to the destination of the Defendant because there was no particular property.

The Defendant, by deceiving the victim as such, had the victim operate a taxi from the victim in front of the Seocheon-gu D, Taecheon-gu to acquire pecuniary benefits equivalent to KRW 21,00 of the taxi fee.

2. At around 03:10 on the same day, the Defendant assaulted the victim B (the age of 49) by plucking, plucking, and breathing, while disputing the problem of taxi fare in front of the Yacheon-gu, Seocheon-gu. D.

3. At around 03:20 on the same day, the Defendant damaged the utility of goods used by public offices, such as using monitors on the books and protective walls on the books, which were located on the register, and making them out far away from the transparent board used as protective walls, while being under investigation by fraud and assault suspicion as described in paragraphs (1) and (2) at the Dong-dong Police Station in the Bupyeong-gu, Seocheon-gu, Seocheon-ro, Seocheon-ro, 411.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Reporting on internal investigation (for the use of police gear), the application of Acts and subordinate statutes governing receipts;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (Fraud point), Article 260(1) of the Criminal Act, Article 141(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Determination of the Defendant’s assertion on probation and community service order under Article 62-2 of the Criminal Act, and the Defendant at the time of the instant crime.

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