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(영문) 울산지방법원 2019.09.20 2019고단1403
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 1, 2019, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspended execution for the crime of obstruction of performance of official duties at the Ulsan District Court on February 1, 201, and the judgment became final and conclusive on September 16, 2019.

【Criminal Facts】

On February 26, 2019, at around 22:20 on February 26, 2019, the Defendant boarded C-cab driven by the victim B (the age of 65) at the industrial tower in Ulsan-gu Industrial Organization, Ulsan-gu, Seoul-do, and told that he would pay the face value to him.

However, the defendant did not have the intention or ability to pay the fare even if he did not get a taxi.

As such, the Defendant, by deceiving the victim, had the victim drive the vehicle to the residence of the Defendant located in Ulsan-gu, Ulsan-gu, U.S., and had the victim drive again to the residence of the Defendant through the head of the “F” house located in Ulsan-gu, U.S., U.S. E by deceiving the victim, when the victim demanded the payment of taxi charges.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 24,600 won of taxi fares.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A receipt of taxi proceeds (before the market), a defendant's statement in his/her court, criminal records, and other inquiry inquiry reports, and the application of two copies of the judgment;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act, Article 2-3 subparagraph 2 of the Medical Treatment and Custody Act and Article 44-2 of the Medical Treatment and Custody, etc. Act have the history of having been punished several times for the same crime, the confession of the crime in this case and the need for medical treatment of the accused with respect to the existence, etc. of alcohol as there are barriers to drinking drinking habits, and other factors of sentencing, such as the defendant's age, environment, motive of the crime and circumstances after the crime, etc., shall be determined as ordered by the order

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