logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.07.15 2014고정1276
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Defendant,

1. From around 22:00 on November 4, 2013 to 01:10 on the following day, “E” operated by the victim C victim D of Gangseo-gu Seoul Northern District: (a) provided property equivalent to KRW 56,00 of the price, such as beer, fruits, singing, and singing, with the belief that the said employee D would be able to receive the said fee even without any intent or ability to pay the said fee; and (b) obtained economic benefits.

2. On November 5, 2013, around 03:00, around 11, 2013, at the time of having no intent or ability to pay the taxi expenses in front of the Seogyg District, the Plaintiff was boarding a H-business taxi operated by the victim G while having no intent or capacity to pay the taxi expenses, and acquired the pecuniary benefits equivalent to KRW 11,520 of the taxi charges at the time of arrival in the 201-dong, Gangnam-gu, Seoul, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in F and G preparation;

1. Business license certificate;

1. Main receipt;

1. Application of Acts and subordinate statutes on taxi expense receipts;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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

1. The defense counsel on the claim of mental disability under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order shall assert that the defendant was in a state of mental disability at the time of the crime in this case.

In light of the contents, means, methods, etc. of the instant crime, it cannot be seen that the Defendant had weak ability to discern things or make decisions at the time of the instant crime, and thus, the aforementioned assertion by the defense counsel cannot be accepted.

arrow