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(영문) 수원지방법원성남지원 2020.08.18 2020고정309
사기등
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

1. On December 26, 2019, around 01:18, the Defendant: (a) committed as if he would pay the taxi expenses; (b) was boarding a C taxi operated by the injured party B and using the said taxi to the other party-won community service center located in the 425-gu, Sungnam-si, Sungnam-si; and (c) around 01:33, at around 01:33, the Defendant used the said taxi to the other party-won community service center.

However, the Defendant did not have any intention or ability to pay taxi expenses from the beginning because he did not have any money in possession.

Nevertheless, as above, by deceiving the victim, it acquired financial benefits equivalent to 6,200 won of taxi usage fee from the victim.

2. On December 26, 2019, around 01:34, the Defendant: (a) expressed that the victim F, a police official, was a victim F, who was a police official, was able to use the taxi for calculating the taxi expenses; (b) expressed that the victim F, who was a police official, was “chrone”; (c) “in bit of bitbitch,” and “in bit of bitson’s mistake,” and publicly insulting the victim at a place where there are multiple police officers, a taxi engineer, B and a large number of police officers.

Summary of Evidence

1. Application of the police statement to F of the defendant's legal statement, the taxi receipt, the complaint, and the investigation report Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act and Article 311 of the Criminal Act concerning the crime, the choice of a fine for negligence (a point of insult)

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

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