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(영문) 서울중앙지방법원 2013.10.24 2013고정3591
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 1, 2013, the Defendant: (a) around 22:30 on May 1, 2013, the Defendant boarded in a private taxi operated by the victim B (the age of 55) near the New Station of Eunpyeong-gu Seoul Metropolitan Government.

However, even if we arrive at the new forest station in Gwanak-gu in Seoul Special Metropolitan City, which is a destination, there was no intention or ability to pay taxi fees.

The Defendant, by deceiving the victim as such, did not pay 24,00 won of taxi charges to the victim, thereby acquiring pecuniary benefits equivalent to the same amount.

2. Around 23:00 on May 1, 2013, the Defendant: (a) received 112 reports in front of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and 10 persons, on the part of the police officers, who were called up to the scene of the taxi rate; (b) took a look at the issue of the victim B (5 years of age) and the taxi rate; and (c) took approximately 10 minutes of the victim’s desire to publicly insult the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the calculation statement of taxi charges;

1. Relevant Article 347(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 347 of the Criminal Act, the choice of fines for the crime;

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

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

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

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