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(영문) 춘천지방법원 2017.06.20 2017고정196
사기등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. Fraud Defendant did not have a certain occupation and did not possess cash or credit cards or other means of payment during the period, and thus did not have the intent or ability to pay taxi charges even if he/she gets into another taxi.

Nevertheless, on January 31, 2017, the Defendant: (a) carried a cab that is operated by the victim B (56 years old) from the framework distance on the sloping-si automatic in Chuncheon-si on January 31, 2017.

In addition, as he would pay the taxi expenses, he / she boarded the victim's taxi and gets on the 102 front parking lot of the movable apartment 102, which is located in 441 Doo-ro 7 on the same day after Switzerland around 20:20 on the same day.

After that, the Defendant did not pay the taxi fee of KRW 7,00 when the victim demanded 7,00, thereby acquiring property benefits equivalent to the same amount as the taxi fee.

2. The Defendant did not pay taxi charges as set forth in paragraph 1, thereby making a 112 report.

On January 31, 2017, at the same place as Paragraph 1, around 20:30 on January 31, 2017, the Defendant asked whether the Defendant had been dispatched D, if the slope E had a intent to pay the taxi expenses, and “this Chewing,” and “the same bit of bitch bitch.”

In other words, the victims recommended to take a bath, such as “,” and continued to take off from a taxi across seven minutes, such as “at least 00:00:00,000 to death.”

As a result, the Defendant made a patent insult by referring the victim D and the victim E among several taxi engineers, movable apartment security guards, and residents.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E, D, and B;

1. Articles 347(1) and 311 of the Criminal Act applicable to the facts constituting an offense (a point of fraud) of the said Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (joint crimes of insult in each judgment);

1. Selection of each alternative fine for punishment;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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