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(영문) 부산지방법원 2016.07.20 2016고정915
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

[2016 High 915] The Defendant 17:20 on September 17, 2015, 2015, on board a C cab driven by the injured party B in front of the lower distance at the port of Busan, the Defendant 11,000 won of the taxi fee after having the injured party operate the 272 5 wharf as the head of the Dong-gu, Busan, by allowing the injured party to pay the fare even if he did not have the intent and ability to pay the fare even if he used the cab.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

[2016 High 1849] On July 16, 2015, the Defendant: (a) 11:02 around July 16, 2015, the Defendant: (b) had no money for the victim; (c) had no intent or ability to pay the taxi fee to an individual E-si operated by the victim D; and (d) had the victim believe that he would pay the taxi fee to the Jung-gu Central Hospital; and (c) had the victim do so until November 55 of the same day; (d) had the Plaintiff arrive at the Busan Metropolitan City hotel located in the Jung-gu Busan Metropolitan City, Jung-gu, Busan; and (e) had the victim gain equivalent to the same amount by avoiding the payment of the taxi fee of KRW 23,300.

Summary of Evidence

[2016 High Court Decision 915]

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (2016 high court 1849);

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the receipt statute

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Article 70(1) and Article 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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