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(영문) 대구지방법원 2018.06.14 2018고단644
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2018, at around 03:46, the Defendant told the victim B (56) who was a taxi engineer in front of the livety market located in the Daegu Northern-dong, Daegu Northern-dong, to the effect that the taxi driver would move to the half, and the Defendant would again move to the live market to the live market upon arrival at the destination after the locking.

However, the defendant did not have any intention or ability to pay a taxi fee even if he gets on the taxi of the victim due to the lack of money.

The Defendant had the victim operate a taxi from around 04:26 on the same day to the 60-ro, Nam-gu, Daegu-gu, Daegu-gu, by going through a half-ro dog.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 10,980 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on domestic investigation reports (Attachment to a receipt of taxi fares) and taxi receipts;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The criteria for sentencing on the grounds of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] general fraud (less than KRW 100 million) and the criteria for sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after crimes, shall be determined by comprehensively taking into account the following circumstances following the decision of sentence on the basic area (from June to June 1 to June), and other conditions of sentencing as stated in the records.

- there are a number of records of punishment for the same offence, which do not receive from the injured - the recognition and reflect of the offence, and the amount of damage is small;

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