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(영문) 울산지방법원 2014.01.17 2013고단2437
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 2, 2013, the Defendant: (a) around 23:40 on June 2, 2013, 2013, the Defendant: (b) concealed the fact that he/she did not have the intent or ability to pay a fee, and (c) had the victim C drive a D taxi in Ulsan-gu, Ulsan-do; (b) had the victim C drive the 700 Hyundai Office in Ulsan-gu, Ulsan-gu, Ulsan-do; and (c) had the 8,200 won of the taxi fee and the 8,200 won of the 70 Mo-dong, Ulsan-gu, Ulsan-gu, Ulsan

On October 7, 2013, the Defendant: (a) around 23:15 on October 23, 2013, the “2013 Highest 4042” acquired financial benefits equivalent to the same amount by failing to pay the fare, even if the taxi was not a taxi, as if the Defendant did not have an intent or ability to pay the fare; (b) having the victim paid the fare as if the taxi were to be paid the fare; and (c) having the victim take aboard the F taxi in the U.S. drive of the victim E and drive the 6,000 won before the winter box in the Ulsan-gu Busan Metropolitan City, Ulsan Metropolitan City.

Summary of Evidence

"2013 Highest 2437"

1. Defendant's legal statement;

1. C’s statement;

1. Receipts "2013 Highest 4042";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of sentencing recommended on the sentencing criteria and the basic area of less than KRW 100 million for the fraud group: Imprisonment with prison labor for not less than six months nor more than one year and six months;

2. The Defendant, who had been sentenced to sentence nine times the same force, repeatedly committed the instant crime, is deemed to have a bad character of the offense, and thus, is an unfavorable sentencing factor against the Defendant.

The defendant's time to commit a crime and reflects the fact that the defendant is an elderly basic living beneficiary, the amount of damage is not much serious, and the fact that there is no record of the same kind of crime above the suspended execution is favorable to the defendant.

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