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(영문) 대전지방법원 홍성지원 2018.02.01 2017고정308
사기
Text

A defendant shall be punished by a fine of 500,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 3, 2017, around 10:0, the Defendant: (a) taken a taxi driver B (the written indictment is written as “C,” but is corrected because it is a clerical error; (b) taken a taxi of this Do operated on the Doncheon-gun, Seocheon-gun, Chungcheongnam-do, 13:00, e.g., 418, a 15-ro, e., e., e., e., e., c., e., e., e., e., e., e.,

However, the defendant did not have the intention or ability to pay taxi expenses even if he uses the taxi of the victim.

As such, the Defendant, by deceiving the victim, did not pay 187,720 won taxi fee from the victim, thereby taking economic benefits equivalent to the same amount.

Summary of Evidence

1. Statement made by the police against B;

1. A taxi charge receipt;

1. A report on investigation;

1. A copy of the official document sent by the branch office of the Daejeon Correctional Institution;

1. On February 3, 2017, the Defendant was unable to associate with the instant crime, and he was found to have left a taxi at the Gyeonggi-do, where he was released from scam on February 3, 2017.

The argument is asserted.

According to the evidence of the judgment, the release of the defendant on February 1, 2017, and the taxi engineer holding the Gyeonggi-do go beyond Gyeonggi-do immediately reported the defendant to the police station at the scene of the crime, and thus, the defendant's above assertion cannot be accepted as being trustable.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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