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(영문) 부산지방법원 동부지원 2016.11.28 2016고단1874
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 9, 2016, at around 00:15, the Defendant was boarding a C-si operated by the victim B in front of the (Gu) Southern Police Station located in the Southern-gu Busan Metropolitan City, Busan Metropolitan City, and was going to return it to Busan Metropolitan Transportation Daegu. However, the Defendant did not have any intent or ability to pay the taxi fee even if the Defendant arrives at the destination because there is no money in water and no money arrives at the destination.

Nevertheless, the Defendant: (a) by hiding such fact and driving at a destination as if he would pay the taxi fee; (b) by deceiving the victim; and (c) did not pay KRW 11,300,00, which was paid to the victim; and (d) acquired property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on a taxi charge receipt;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though there are many criminal records of the same kind and they again commit the crime in this case, the punishment as ordered is determined by taking account of all the normal materials revealed in the trial process, such as the defendant's confession, the victim's confession, the victim does not want the punishment of the defendant, the degree of damage is minor, the defendant has no criminal record since 2012, the defendant's age, occupation, family relation, etc.

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