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(영문) 부산지방법원 2016.12.02 2016고정3051
사기등
Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On September 30, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution due to indecent act by force at the Busan District Court on September 30, 2016, and the above judgment was finalized on October 8, 2016.

around 15:29 on December 27, 2015, the Defendant stated that “A” is “A” while boarding a cab operated by the victim B and running at the seat of the National Bank located in the Dong-ri-dong, Busan, Seog-gu, Busan, and “A”.

However, the defendant did not have the intention or ability to pay the fare even if he did not get a taxi.

Nevertheless, the Defendant was driving as if he would pay the taxi fee, and the Defendant did not pay 22,500 won of the taxi fee even though the victim operated the said taxi, and acquired the same pecuniary profit.

around January 5, 2016, the Defendant was boarding a F taxi operated by the victim E on the front of a thought terminal located in Busan, Busan, on January 5, 2016.

At around 05:40 on the same day, the Defendant: (a) stated that the victim demanded the Defendant to pay KRW 6,500, a taxi fee of KRW 6,50 on the northwest-gu in Busan, the Defendant used violence, such as taking a bath for the victim’s demand to get out of the taxi, and taking a bath for the victim’s taxi without getting off from the taxi; and (b) obstructed the victim’s taxi business for about 30 minutes.

Summary of Evidence

"2016, 3051"

1. Defendant's legal statement;

1. B written statements;

1. "Receipt" 2016, 3243;

1. Defendant's legal statement;

1. Statement to E by the police;

1. Receipts:

1. Previous records of judgment: Criminal records, results of confirmation of the previous records, reports on results of confirmation of the previous records, copies of written judgments, and results of inspection of the Konet case;

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act and the selection of fines for the crime;

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

1. The Criminal Act among concurrent crimes.

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