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(영문) 광주지방법원 2018.01.16 2017고단5122
사기
Text

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

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

Reasons

Punishment of the crime

On November 16, 2017, the Defendant was sentenced to imprisonment with prison labor for fraud at the Gwangju District Court on November 16, 201, and the said judgment became final and conclusive on November 24, 2017.

On June 5, 2017, the Defendant: (a) 12:00 on June 12, 2017, on the roads prior to the Daejeon Complex Terminal, Dong-gu, Daejeon, Daejeon, the Defendant saw the victim B’s taxi to be on the taxi and paid the taxi fee; and (b) made a false statement on the “inlet.”

However, the defendant did not have the intention or ability to pay the taxi fee to the victim due to the lack of cash or credit card.

The Defendant, by deceiving the victim, had the victim drive a taxi from before the Daejeon Complex Terminal, which is located in the Dong-gu Daejeon-gu, Daejeon to the city of Yancheon-si, and did not pay KRW 100,000,000 of the taxi fee, thereby obtaining pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a fine to choose a sentence (a crime committed during the period of repeated crime, such as the facts charged, shall be committed; however, the same shall apply to cases where a judgment becomes final and conclusive is concurrently judged and equity);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

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