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(영문) 의정부지방법원 2011.10.27 2011고정1621
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 7, 2010, the Defendant was sentenced to 8 months of imprisonment with labor for fraud, etc. at the District Court of Jungyang District on December 15, 2010, and the judgment became final and conclusive on December 15, 2010. On April 10, 2010, the Defendant acquired the pecuniary benefits equivalent to 23,600 won of the operating fee by having the Defendant take advantage of the D-type taxi belonging to the C-type operated by the victim B, as he did not have the intent or ability to pay the taxi operating fee, even if he did not have the intent or ability to pay the taxi operating fee.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

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