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(영문) 제주지방법원 2015.08.07 2015고정5
사기
Text

Defendant shall be punished by a fine of 200,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, even though he did not have the intention or ability to pay the taxi expenses from the beginning, was committed as if he would pay the taxi expenses.

1. Around 05:00 on December 22, 2013, the Defendant stated that “A private taxi driven by the victim B from the fourth distance of the Yongsan-si in Jeju Island to the front of the apartment house in the front of the due village in Jeju-si.” to the victim.

The Defendant stated that “The Defendant would deposit taxi expenses in the account later because he did not have a taxi,” while having not paid money during the period, while the Defendant arrived at the destination of the said taxi driving by the victim.”

The Defendant, by deceiving the victim, had the victim operate a taxi, and did not pay KRW 8,500 to the taxi fee.

2. At around 02:50 on January 11, 2014, the Defendant: (a) boarded the said victim as a private taxi on the road in front of the Gu Eetype D, and arrived at the fixed village located in the city of Jeju, with the said victim boarding as a customer; (b) however, the Defendant did not have any money as referred to in the preceding paragraph (a) and said that he would pay for taxi expenses in the Ga and Embal zone “as the Embal zone”.

As such, the Defendant, by deceiving the victim, did not pay 14,480 won for taxi fares, thereby taking economic benefits equivalent to the same amount.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each written statement prepared B;

1. Account transactions;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

1. Articles 70 (1) 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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