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(영문) 서울남부지방법원 2016.12.09 2016고정2436
사기
Text

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

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

Reasons

Punishment of the crime

On November 14, 2015, at around 16:05, the Defendant was boarding a cab for business use B at the 3-distance of the Dong-dong, Dong-si, Gyeonggi-do, and arrived at the Young-si, the destination of which was at around 18:06 on the same day.

However, in fact, although the Defendant did not have any intent or ability to pay the fare even if he was on the cab, the Defendant belonged to the victim C (Nam, 50 years old), who is the above taxi engineer, as if he were to pay the fare when he arrived at the destination of the taxi, and did not pay the victim 40,380 won of the taxi fee.

Accordingly, the defendant deceivings the above victim and acquired the property equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A taxi charge receipt;

1. Application of Acts and subordinate statutes to photographs of cash held by a suspect;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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