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(영문) 창원지방법원 마산지원 2013.11.27 2013고단838
사기등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On August 5, 2011, the Defendant was sentenced to six months of imprisonment for fraud in Busan District Court’s Dong Branch, and completed the execution of the sentence in the Busan District Court’s detention house on February 21, 2012. On July 24, 2013, the Defendant was sentenced to six months of imprisonment for night-time, intrusion, theft, etc. from the Changwon District Court’s Masan Branch on July 24, 2013, and the said judgment became final and conclusive on November 8, 2013.

1. Around 14:00 on July 17, 2013, the Defendant: (a) on the street in front of the branch of the Gyeongnam Bank in Changwon-si, Changwon-si, Seoul Special Metropolitan City; (b) on the other hand, even if the Defendant did not have the intent or ability to pay the said fees; (c) on the other hand, the Defendant: (a) taken a D taxi operated by the victim C to go to the office of the Seocho-gu, the destination of which is the destination; and (d) on the other hand, the Defendant again claimed the taxi fee at the time of arrival of the victim; and (b) had the victim go to the departure point; and (b) had the victim go to the departure point; and (c) obtained the pecuniary benefit equivalent to 20,00

2. The Defendant interfered with the business of the Defendant: (a) caused the victim C, who is a taxi engineer, to go to and from the middle-ri branch of the Gyeongnam Bank and the Eup/Myeon office; and (b) obstructed the victim’s taxi operation by force by forcing the victim to stop normal taxi operation for about one hour while refusing the victim’s request to leave the taxi at the si, “I do not have any car and no family nor have any family members do it; and (c) I do not have any family members do so; and (d) he continued to refuse the victim’s request to leave the taxi, and thereby preventing the victim from driving the taxi for about one hour.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Receipts:

1. An investigation report (to hear statements from a victim involved in interference with business);

1. Each investigation report (report, etc. on the transfer and confirmation of repeated crimes, and current status of trial proceedings for related cases);

1. Application of the statute as a result of case search

1. Article 347 (1) or 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act dealing with concurrent crimes;

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