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(영문) 청주지방법원 2018.12.19 2018고단2552
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 29, 2018, the Defendant: (a) around 08:00, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the Defendant: (b) designated the place for committing the crime to B; (c) instructed B to take a mari from the square of Man-gu, Seo-gu, So-gu, Seo-gu, Seo-gu, Seo-gu, Seog-ri, the Defendant, as if he had the card paid the card; and (d) instructed B to escape from the mari; (c)

As a result, B used the gap in the "D" located in Heung-gu Seoul Metropolitan Government, Chungcheongnam-gu, Cheongju on June 19, 2018, in which the victim E was neglected to exercise due diligence, B had five arms with a total amount of KRW 4,400,000 in the market price of KRW 380,000 as well as KRW 14K in the market price owned by the victim.

Accordingly, the defendant instigated B to steal the victim's property.

2. On October 4, 2018, around 23:45, the Defendant: (a) laid the H taxi driven by the victim G in front of the F building in Cheongju-si, Seocho-gu; (b) and (c) brought the victim into the “marsan” located in the Cheongju-gu, Seog-gu, Cheongju-gu.

However, the defendant did not have the intention or ability to pay the taxi fee even if he was dead.

The Defendant, by deceiving the victim, had the victim drive the bus stop in the vicinity of 16-1, Dong-dong, Seo-gu, Nowon-gu, Nowon-gu, Cheongju, the Defendant landed from the taxi as it is.

Accordingly, the defendant, by deceiving the victim, acquired economic benefits equivalent to 16,00 won of taxi fee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Each police statement protocol with respect to E and G;

1. Application of the Acts and subordinate statutes concerning damaged photographs, CCTV-cape photographs and damaged photographs;

1. Relevant legal provisions of the Criminal Act; Articles 347(1), 329, and 31(1) of the Criminal Act of the choice of criminal facts; and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act are crimes.

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