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(영문) 서울중앙지방법원 2013.12.12 2013노2556
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) Fraud 1) The defendant was at the time of fraud because there is only 5,00 won or 6,000 won or more at the time of fraud, and the defendant was on board a taxi with his own money of 13,00 won or more, and the accident of this case occurred while boarding the taxi to a taxi engineer. Accordingly, the defendant was capable of paying the taxi fee at the time of the occurrence of the accident of this case. The defendant was at the time of the occurrence of the accident of this case. The defendant was 10,00 won at the time of the defendant's stop from the mael-dong to the defendant's house after his house, and the place of this case stopped is the Korean Red Cross, which is the middle Korean Red Cross, and the court below erred in law that affected the conclusion of the judgment by misunderstanding that the defendant was 13,000 won or more at the time of deception, and thus, the defendant did not have any influence on the defendant's credibility of the judgment.

B. Even if the Defendant’s conviction is acknowledged, in light of the circumstance and present situation of the Defendant’s occurrence of the instant crime, the sentence of the lower court against the Defendant (a fine of three million won) is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it is sufficient to recognize that the defendant had had the criminal intent to acquire the victim at least by deceiving the victim with the criminal intent to acquire the victim at least in the absence of the ability to pay the taxi user fee up to the destination, and therefore, this part of the evidence is sufficient.

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