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(영문) 의정부지방법원 고양지원 2016.11.09 2015고단2772
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 07:02 on August 1, 2015, the Defendant, at Mapo-gu Seoul Metropolitan Government, was on board as if he had the ability to pay a taxi fee to C-si operated by the victim B, and was on board at around 07:50 on the same day, after he/she was on board the 35,760 won of the taxi fee, even if he/she arrived at D E-be located in Ilyang-dong, Busan Metropolitan City, the destination of which is at around 07:50 on the same day.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

The Defendant, at around 02:44 on January 7, 2016, 2016, on and around Suwon-si, the Defendant: (a) on and around Suwon-si; (b) on or around the day when he was taken a taxi as if he would pay the taxi fee; and (c) on or around 04:37 on the same day, the Defendant did not pay KRW 81,560 of the taxi fee even though he/she arrived in the vicinity of Seoyang-gu, Busan-si, Seoyang-si.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. B police statement, F police statement;

1. Application of each receipt statute;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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

1. Article 62 (1) of the Criminal Act (the grounds for sentencing as follows)

1. Although the amount of damage on the grounds of sentencing under Article 62-2 of the Social Service Order Act is relatively significant, the risk of repeating a crime is significant in that the defendant has a majority of previous convictions and has committed the same type of crime repeatedly.

In the above circumstances, the sentencing conditions specified in the trial process of this case, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, shall be determined as ordered.

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