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(영문) 대구지방법원 2016.11.29 2016고단4789
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 15, 2016, at around 21:58, the Defendant: (a) boarded a D private taxi driven by the victim C on the front road of the Daegu-gu B Building; and (b) stated, “The Defendant would pay KRW 350,000 to the taxi if the Defendant loaded the vehicle to the Kanyang-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do.”

However, the defendant did not have any money at the time, so even if he uses a taxi, he did not have the intention or ability to pay the taxi fee to the victim.

Nevertheless, the Defendant made the victim make a false statement, and caused the victim to operate the said taxi to the destination, and did not pay KRW 350,000,000 to the said taxi, thereby acquiring financial benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes of typ data analysis table;

1. Relevant legal provisions for facts of crime, Article 347(1) of the Criminal Act of the choice of a sentence, and the choice of a fine (the defendant has been sentenced several times to a punishment for the same kind of crime, but the amount of damage is small, and the defendant seems to have committed the crime in which he/she lost his/her ability to refrain from drinking and is likely to have committed the crime; however, the defendant was selected by a fine in consideration of the fact that he/she currently is receiving treatment of alcohol and continues to

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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