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(영문) 서울남부지방법원 2019.02.15 2018고단5525
사기등
Text

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

Reasons

Punishment of the crime

1. On September 29, 2018, around 00:36, the Defendant: (a) was committed as if he would normally pay a charge before the military station in Gwangjin-gu Seoul Special Metropolitan City; (b) was boarding a C taxi operated by the injured party B (year 64) and moved to the front of the exit of Gangseo-gu Seoul Metropolitan Government Yangcheon-ro 485, Yangcheon-ro 485.

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

As above, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 27,060 from the victim.

2. The Defendant causing property damage, at around 01:22 the same day, arrived in front of the exit 485 Yangcheon-ro, Gangseo-gu, Seoul Metropolitan City, the destination of which was 01:22, and did not pay the fare to the victim who was demanded by the said victim to pay the taxi fee, and damaged the victim-owned land, which was attached in front of the taxi, by putting one boom box, which was 275,000 won.

3. On September 29, 2018, the Defendant: (a) was arrested as a flagrant offender of the foregoing fraud and damage to property; (b) was transferred to E Zone in Gangseo-gu Seoul Metropolitan Government; and (c) was requested by F to sign the “written confirmation” from F to the police officer belonging to the said District; and (d) was teared by hand without any justifiable reason.

Accordingly, the defendant damaged documents used by public offices.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, F and G;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement concerning B;

1. B written statements;

1. A criminal investigation report, a criminal investigation report (Submission of a victim's list sheet and a victim's screen phone statement), and a criminal investigation report (verification of details of account transactions of a suspect);

1. Application of written confirmation, tax receipts and subordinate statutes;

1. Article 347(1) of the Criminal Act, Article 366 of the Criminal Act and Article 141(1) of the Criminal Act concerning criminal facts, the choice of punishment (Fraud), Article 366 of the Criminal Act, and Article 141 of the Criminal Act.

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