logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.09.12 2018고단822
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018 Highest 822"

1. Around 15:00 on February 4, 2018, the Defendant obtained property benefits equivalent to the above amount by removing the payment of KRW 11,000,00 from the payment of taxi fares, even though the Defendant did not have any money in possession of the money at the bar located in the Dongjak-gu Seoul Metropolitan Government Nowon-gu, and did not have the intent or ability to pay the taxi expenses from the beginning, despite that he did not have any intent or ability to pay the taxi expenses.

2. On February 4, 2018, the Defendant: (a) around 23:51 on February 4, 2018, even though there was no money in possession, and thus did not intend or have ability to pay the taxi expenses from the beginning, the Defendant obtained pecuniary benefits equivalent to the above amount by avoiding the payment of KRW 19,200,00, from the payment of the taxi fees, while working as if the Plaintiff would pay the taxi expenses; and (b) getting on a G taxi operated by the Victim F, which was operated by the Victim F, to the front day of the I gas station located in Songpa-gu Seoul.

On April 18, 2018, the Defendant: (a) around 23:10 on April 18, 2018, the Defendant was aware of the fact in the new wind distance located in Yeongdeungpo-gu Seoul Metropolitan Government; (b) was able to pay taxi expenses from the beginning despite the lack of intent or ability to pay the taxi expenses; (c) was able to pay the taxi expenses from the beginning; and (d) was boarding the taxi at K-si operated by the victim J to the front day of the Non-cheon City, and (e) was exempted from the payment of KRW 37,200,00 for the taxi expenses.

Summary of Evidence

"2018 Highest 822"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. "Receipt 2018 Highest 1447";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of J;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant has been punished several times as crimes of the same kind of law, in particular, due to the same kind of crime.

arrow