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(영문) 부산지방법원 2020.06.19 2020고단1843
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 27, 2020, around 03:26, the Defendant: (a) was driving as if he would pay the taxi expenses by getting on a C-si operated by the victim B in the vicinity of the Seosan-gu, Busan Metropolitan City; and (b) was boarding the said taxi to the Seogdong-gu, Busan Metropolitan Government up to the Seogdong-gu, Busan Metropolitan Government.

However, there was no money in possession, and there was no intention or ability to pay the price because there was no other property.

The Defendant, by deceiving the victim as above, had the victim operate a taxi and did not pay 8,800 won to the victim, thereby acquiring pecuniary benefits equivalent to the same amount.

2. On March 27, 2020, around 03:40, the Defendant: (a) expressed the intent to “Chewing feass, sludge,” to the E head of the Busan Franchi Police Station D District District Party, sent to the site after receiving 112 report that the Defendant did not pay a taxi fee, as described in paragraph (1); and (b) expressed the face of the E at once a week.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of B and E;

1. Relevant Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for the crime;

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

1. Such factors as assaulting a police officer dispatched after receiving a report of the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, etc., the liability for the crime is not somewhat weak, the fraud amount is relatively small, and the agreement is reached with E;

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