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(영문) 수원지방법원 2017.02.09 2016고정2095
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

On July 20, 2016, the Defendant was sentenced to one year of imprisonment due to fraud, etc., and the judgment became final and conclusive on November 30, 2016.

【2016 High Court Decision 2095】

1. On March 6, 2016, the Defendant issued an order for alcohol and alcohol equivalent to KRW 410,00,00,00,000, including KRW 1 C, 13,000,00,000, and KRW 410,000,00,00,00,000, in total, from the victim D (the victim’s reported price is equivalent to KRW 380,00,00,00,000) (the victim’s reported price is equivalent to KRW 380,00,00,000,000,000,000).

【2016 High Court Decision 2105】

2. Notwithstanding the fact that the Defendant did not possess cash or a credit card or any other means of payment, and even if using public transportation, such as taxi, it did not have any means of payment, the Defendant acquired the pecuniary profit equivalent to 19,380 won of taxi fares by using H taxi operated by the victim G (56 years old, south-ro, 570 on the street in front of the police station in the Seoyang-ro, Namyang-ro, 570 on March 7, 2016.

Summary of Evidence

[Judgment 1] 【2016 High Court Decision 2095】

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Receipts:

1. Investigation report (a photograph of a suspect before arresting him/her) (the fact set forth in subparagraph 2 of the judgment), 【2016 Go fixed 2105】

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes concerning receipt of taxi fares;

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, 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is against each of the crimes of this case, and the defendant is suffering from alcohol existence, etc., and each of the crimes of this case is against the latter two concurrent crimes after Article 37 of the Criminal Act.

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