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(영문) 서울서부지방법원 2013.05.01 2013고정329
사기등
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 01:20 on August 21, 2012, the Defendant: (a) taken a taxi for business use in Yongsan-gu, Yongsan-gu; (b) taken a taxi for business use in front of Yongsan-gu, Yongsan-gu; and (c) taken a taxi engineer D, who is a victim, without any intent or ability to pay a taxi fee; and (d) taken a taxi by not later than 01:40 on the same day as he/she went to the Seodaemun-gu, Seoul, Seodaemun-gu, Seoul, the destination of which was scheduled to pay the taxi fee; and (c) took a property benefit without paying 46,840 won

2. On August 21, 2012, at around 01:40 on August 21, 2012, the Defendant obstructed one hour and 30 minutes of business by, under the influence of alcohol, the Defendant, at the time of having arrived in Seodaemun-gu Seoul, Seoul, the destination of which was demanded from the victim D to leave the taxi, and without any justifiable reason, obstructed the Defendant’s business for approximately 1 hours and 30 minutes of business by not getting out of the taxi from around 03:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 347 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of fraud and the choice of fines) concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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