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(영문) 울산지방법원 2014.09.03 2014고단2305
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 20, 2011, the Defendant sentenced the Ulsan District Court to five months of imprisonment for fraud, etc., and completed the execution of the sentence in the Ulsan Detention House on February 10, 2012.

At around 22:00 on July 21, 2014, the Defendant: (a) was driving as if he would pay the taxi expenses after getting on a D taxi at the entrance of the highway located in the Gangseo-gu Busan Metropolitan City, which was driven by the victim C; and (b) was called “Ig to be a modern automobile in Ulsan.”

However, the Defendant did not have the intent and ability to pay the costs even if he uses the taxi due to the lack of the card and payment means other than 700 won in cash.

The Defendant used the taxi to pay KRW 90,000 as a taxi fee to the victim at the bus stops located in front of the Nam-gu, Ulsan-gu, Seoul-gu, U.S. Undong-do, Seoul, and did not pay KRW 90,000 as a result of the moving of the taxi on the same day among the Do in which the said taxi was in the said destination.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to KRW 90,000 of taxi charges.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous convictions: Criminal records, investigation reports, and application of Acts and subordinate statutes concerning the current status of personal identification and confinement;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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