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(영문) 서울서부지방법원 2014.08.12 2014고정1259
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On January 29, 2014, the Defendant: (a) on January 29, 2014, on the part of the Victim B, the Defendant: (b) acted in a private taxi operated by the Victim B in front of the Konam-dong, Mapo-gu, Seoul, as if he were to pay the taxi fee; (c) had the victim operate the said taxi before the Seodaemun-gu, Seoul.

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

The Defendant, by deceiving the victim, had the victim operate a taxi and did not pay 15,000 won of the taxi fee, thereby taking property benefits equivalent to the above amount.

2. On February 6, 2014, at around 22:39, the Defendant: (a) committed an act as if the victim D were to take aboard a private taxi in front of the search station in Eunpyeong-gu Seoul, Seoul, while acting as if the victim D would pay the taxi fare; (b) had the victim operate to the Incheon National Port of Provision; and (c) had the victim operate to the Seodaemun-gu Seoul National Port of Provision.

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

The Defendant, by deceiving the victim, had the victim operate a taxi and did not pay the taxi fee of KRW 116,020,020, thereby taking property benefits equivalent to the above money.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against D and B;

1. Application of each receipt statute;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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;

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