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(영문) 부산지방법원 2014.02.11 2013고정3956
사기
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 1, 2013, around 17:34, 2013, the Defendant: (a) took a taxi for business use operated by the victim B (year 51) on the street in front of the thought-gu Busan Metropolitan City Clocks; (b) took the taxi as if he would pay the taxi fee when he arrived at the destination of the victim although he did not have the intent or ability to pay the taxi fee; and (c) obtained pecuniary benefits equivalent to the same amount for eight hours from around 01:21 to around 01:0 of the following day by making a false statement, such as “I would pay the taxi fee” while taking the taxi at the destination; and (d) “I would pay the taxi fee in return for money.”

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 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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