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Reasons
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(영문) 서울중앙지방법원 2016.03.24 2016고정37
사기
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Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 14, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, and the judgment became final and conclusive around that time.

1. On March 25, 2011, at around 23:16, the Defendant acquired financial benefits equivalent to the same amount of the taxi fee by failing to pay the taxi fee, even though he/she was provided services equivalent to 31,640 won by having the victim move to the e-cab operated by the victim D (62 aged) while having no intention or ability to pay the taxi fee.

2. On October 15, 201, the Defendant acquired financial benefits equivalent to 22,080 won due to his/her failure to pay the taxi fee, even though he/she did not have the intent or ability to pay the taxi fee, he/she was boarding a G taxi operated by the Victim F (56 years of age) by having the victim move to the remote distance of post offices located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

3. On August 29, 2015, the Defendant acquired financial benefits equivalent to the same amount due to the Defendant’s failure to pay the taxi fee, even though he/she did not have an intent or ability to pay the taxi fee, he/she was aboard I taxi operated by the victim H (63 years of age) and had the victim move to his/her front line of Gwanak-gu in Seoul Special Metropolitan City, thereby having the victim receive services equivalent to KRW 6,360, while he/she did not pay the taxi fee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and each receipt;

1. Application of a copy of judgment;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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