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(영문) 대구지방법원 서부지원 2016.05.13 2016고단414
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 27, 2015, around 21:40, the Defendant: (a) took a taxi in Korea operated by the victimJ in front of the Gyeong-gu Daegu-gu Tae-dong, Daegu-gu, Daegu-gu, and was committed as if the Defendant arrived at a destination, stating that he/she would pay a taxi fee when he/she arrives at a destination.

However, the defendant did not have the intention or ability to pay taxi charges even if he was provided with taxi operation services from the injured party.

As above, the Defendant: (a) by deceiving the victim; (b) had the victim operate the said taxi; and (c) received the taxi operation service equivalent to KRW 9,400 up to the front day of the Daegu Seo-gu L, Daegu-gu, which is a destination; and (d) acquired the pecuniary benefits corresponding thereto.

2. On December 27, 2015, the Defendant obstructed the performance of official duties, as prescribed in paragraph (1) around 22:10, left the taxi without paying a taxi fee, and went into the police station E unit in Daegu Seo-gu L, Daegu-gu, and the J also reported the Defendant to the police officer D who was on duty in the said earth unit according to the Defendant, and the said police officer D said D said D to be “a sain sain sain sain sain if he gets a taxi” to the Defendant.

Accordingly, the Defendant assaulted the police officer’s legitimate performance of duties concerning the police officer’s global situation service and the handling of the reported case, by stating that “The Defendant is frighten, frighten, frighten, and frighten, while going to the frighten of the patrol team leader.” The Defendant frighted from the police officer D, and frighted D’s chest by hand, thereby interfering with the police officer’s legitimate performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement protocol to J and D

1. Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) of the relevant Act on criminal facts, Article 347(1) of the Criminal Act (the point of fraud), and the choice of imprisonment with prison labor;

1. The defendant with reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, shall be punished by concurrent crimes over 38 times.

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