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(영문) 서울남부지방법원 2020.04.10 2019고단6595
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On July 17, 2019, around 14:00 on July 17, 2019, the defrauded: (a) around 14:00 on July 17, 2019, the Defendant sent a view that the Victim B would have to take a taxi in the middle-gu Seoul metropolitan area and pay the taxi fee; and (b) requested that the taxi be operated to the third bus terminal.

However, there is no cash in possession or available credit card, and even if the victim operates a taxi, the defendant did not have the intent or ability to pay the taxi fee.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) caused the victim to operate the said taxi from the place to the third bus terminal located in 9-22, the third-party bus terminal from the place to the third-party bus terminal; and (c) thereby, acquired pecuniary benefits equivalent to KRW 241,300,00.

2. On July 17, 2019, around 19:30 on July 17, 2019, the defrauded Defendant: (a) expressed the attitude that the Victim F would have been boarding a G taxi operated by the Victim F and paid the taxi fee; and (b) requested for the change of the taxi operation to the Incheon Public Port.

However, there is no cash in possession or available credit card, and even if the victim operates a taxi, the defendant did not have the intent or ability to pay the taxi fee.

Nevertheless, the Defendant, by deceiving the victim as above, caused the victim to operate the said taxi from the place to the Pyeongtaek-gu Office Standon-ro 63 in the Pyeongtaek-gun, Pyeongtaek-gun, the Defendant acquired the pecuniary benefits equivalent to KRW 269,600, which is equivalent to the taxi charges by having the victim operate the said taxi.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning B and F;

1. A receipt of taxi charges (B), and a receipt of taxi charges (F);

1. Reports on internal investigation (A’s results of search by persons subject to investigation);

1. The defendant and the defense counsel involved in the investigation report (in relation to the suspect's appearance) shall balance on the physical card with respect to the crime of fraud in paragraph 1 of the judgment.

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