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(영문) 청주지방법원 충주지원 2017.11.01 2017고정166
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Fraud [2017 High 166] Defendant is a person who was judged seven times as a non-standing passenger car, etc.

On May 8, 2016, around 11:32, 2016, the Defendant boarded D personal taxi driven by the victim from the set distance in front of the C pharmacy located in Chungcheongnam-si, Chungcheongnam-si, and Mad', with the mind that the Defendant was bald. Mad. Mad'.

However, the defendant did not have the intention or ability to pay the taxi fee.

Nevertheless, the Defendant, by deceiving the victim, had the victim arrive at the destination, and did not pay 57,00 won.

Accordingly, the defendant acquired the same amount of monetary benefits from the damaged person.

2. On November 24, 2016, the Defendant was under the influence of alcohol 08:05 on November 24, 2016, and driven a motor vehicle car in the Espo-type from the road front of the Ministry of the voice-gun of Chungcheongnam-gun, the point of control, up to approximately 400 meters to the New Sin-Eup, the point of control.

Summary of Evidence

[2017 High Court Decision 166]

1. Statement by the defendant in court;

1. Statement made by the police with F [2017 High Court Decision 190];

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes notifying the result of regulating drinking driving;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of drinking alcohol driving), and the selection of each fine for a crime;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in heavier criminal frauds (to the extent that it is aggregated with the maximum amount of two crimes)];

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

1. The punishment as ordered shall be determined in consideration of the fact that the amount of the fraud crime as stated in the reason for sentencing of Article 334(1) of the Criminal Procedure Act is not large, and the crime of violating the Road Traffic Act (driving) as stated in the judgment is due to the deliberation of the preceding day.

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