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(영문) 인천지방법원 2020.08.20 2019고정2504
사기
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 00:00 on May 5, 2019, the Defendant appeared to have taken the E-si operated by the victim D (the age of 63) in the Michuhol-gu Incheon Metropolitan City, with his attitude to pay the face value to the destination.

However, the defendant did not have the intent or ability to pay taxi charges even if he uses the victim's taxi due to the lack of cash or credit card or other means of payment.

At around 00:50 on the same day, the Defendant, by deceiving the victim, did not pay an amount equivalent to 24,100 won of taxi charges even though he/she was provided with services arriving near the Seo-gu Incheon, Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, the destination.

Summary of Evidence

1. A written statement of D that is arrested a flagrant offender (the statement of a victim, etc.);

1. Report on the investigation results [The defendant and his defense counsel asserted that the defendant had the intent and ability to pay the taxi fee at the time of the instant case, but according to the evidence of the judgment, the defendant did not have cash on the wall at the time of arrest of flagrant offender, card was not settled, the victim's statement that "the defendant was "humd with the mind," and the investigative agency also stated that he could not transfer the taxi fee by means of home banking, but he could not transfer it by using the home bank, and that the defendant stated that he could not transfer it by using the card, and that the contact address of the same student was ambiguous, and that the defendant had a record of being sentenced to a fine several times by free and without the transfer type, the defendant can be deemed to have no intention to pay the taxi fee at the time of the instant case, and thus the defendant and his defense counsel's assertion is

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order are the victim after release.

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