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(영문) 서울서부지방법원 2020.10.08 2020고단1306
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 26, 2020, the Defendant was on board a cab operated by the victim B at the infinite-dong in Gyeyang-gu, Soyang-gu, Gyeonggi-gu, Gyeonggi-do. On January 26, 2020, the Defendant committed the crime against the victim B, and was provided with the victim with the service of using the cab equivalent to KRW 22,700,000 for taxi usage fees from the victim until 23:13 of the same day, since the Defendant did not have any balance in the physical card and did not have any cash, even if using the cab, the Defendant would like to pay the cab normally without any intent or ability to pay the cab, and the victim would be “E in Mapo-gu, Mapo-gu.”

Accordingly, the defendant, by deceiving the victim, obtained property benefits equivalent to 22,700 won.

2. The Defendant, around 02:30 on February 5, 2020, boarded a taxi operated by the victim F at G University located in Mapo-gu Seoul, Seoul, on the front side of the G University, and the fact was that the Defendant did not have cash and did not have balance on the physical card, and thus, the Defendant would like to pay the price normally even if using the taxi, and the Defendant would like to pay the price in a normal manner without the intention or ability to pay the price. The Defendant said that the Defendant “on the part of the victim, who was working in the subwaynam Station located in Gangnam-gu, Seoul and go through a new village in Seodaemun-gu, Seoul, and go to a new village in Seodaemun-gu, Seoul.” Accordingly, the Defendant provided the victim with the taxi service of 35,800 won for taxi use fee.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to 35,800 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and F;

1. Application of the taxi expense receipt, details of each text message, and the statutes governing response data;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and the choice of punishment. Article 347 (1) of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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