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(영문) 부산지방법원 서부지원 2017.12.21 2017고단981
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 18, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Changwon District Court (Seoul District Court), and the execution of the sentence was terminated on February 23, 2017 in Daegu prison.

On July 9, 2017, the Defendant: (a) around 14:50 on July 14, 2017, around the Busan Western-dong located in the Busan Western-dong, and (b) around the Busan-do Common Fishing Market, the Defendant was working as if the Victim B would normally pay the taxi fee, and (c) was aware of the fact that the victim was in the southdong-dong of the same Gu.

However, the Defendant did not have any intention or ability to pay taxi charges due to the absence of any means of payment such as cash at the time.

The Defendant had the victim operate a taxi to the destination of the taxi, and exempted the victim from paying 5,90 won of the taxi fee, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Previous convictions: Application of inquiry statements and investigation reports (prior convictions and confirmations of suspects' repeated offenses) and Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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