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(영문) 부산지방법원 2014.01.10 2013고정3047
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant did not have any intention or ability to pay the fare even if he/she takes a taxi and arrives at a destination.

Nevertheless, around 03:50 on September 27, 2012, the Defendant: (a) taken a taxi operated by the victim D in front of the C hotel located in Busan Jin-gu, Busan on September 27, 2012; and (b) arrived at around 04:20 on September 27, 2012 in front of the death and injury the Busan LAF, which is a destination, but did not at all charge and without credit cards; (c) obtained economic benefits equivalent to the same amount by being provided by the victim with the taxi fare of at least 11,000 won.

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

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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