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(영문) 서울서부지방법원 2014.12.10 2014고단2872
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

【Criminal Power】 On December 14, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Western District Court, and completed the execution of the sentence in Seoul Southern District Court on June 27, 2013.

【Criminal Facts of Crimes】 around October 13:31, 2014, the Defendant, on the front day of the airport terminal located in Samsung-dong, Gangnam-gu Seoul Metropolitan Government, acting as if the victim C would have paid a taxi fee, and had the victim operate the said taxi before the Russaki in Seodaemun-gu, Seoul.

However, since the defendant did not have cash or credit card, there was no intention or ability to pay taxi charges even if he uses the victim's taxi.

The Defendant, as such, by deceiving the victim, had the victim operate a taxi and did not pay 22,400 won a taxi fee, acquired pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Criminal records as stated: Application of Acts and subordinate statutes of an investigation report;

1. Article 347 (1) of the Criminal Act for the crime at issue (i.e., the choice of a fine, the majority of the same punishment power, the crime during the period of repeated crime; one time the penalty power of a fine during the period of repeated crime; the confession of and the depth against the defendant; and the minor amount of defraudation and repayment of damage, etc.);

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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