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(영문) 부산지방법원 2014.11.20 2014고정3914
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 14, 2014, at around 01:05, the Defendant: (a) boarded the victim B-si in the Young-gu Office located in Suwon-gu, Busan; (b) and (c) brought the victim B-si in the area of Suwon-dong; and (d) brought the victim B-si in the area of Busan-gu.

However, the defendant did not have the intention or ability to pay taxi expenses.

The Defendant, by deceiving the victim as above, had the victim operate a taxi in front of the party audit distance in front of the head of the Suwon-gu Office, thereby acquiring economic benefits equivalent to KRW 10,440 of the fee.

2. The Defendant, at the time and time as indicated in the above Paragraph 1 above, insultd the victim by openly insulting the victim on the part of the victim E, who was dispatched to the scene on the ground that he refused to pay the taxi fee in front of the audit distance in Busan-gu, Busan-gu, Busan-gu, the Busan-do Police Station D District, along with the victim E in the situation where the victim E, who was affiliated with the Busan-do Police Station D District, and the taxi engineer B, and the surrounding person, etc., who passed through the field.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of B and E;

1. A complaint filed by E;

1. Investigation report (to hear and report the victim's E phone statement);

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 347 of the Criminal Act, the choice of fines for the crime;

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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