(영문) 수원지방법원 2015.06.18 2014노6481 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 수원지방법원 2015.06.18 2014노6481

사기

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding the fact that the defendant was unable to pay the taxi cost, but there was no intention to obtain fraud.

B. The lower court’s sentence of unreasonable sentencing (fine 200,000) is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. On January 28, 2014, the Defendant, at around 03:11, 201, obtained pecuniary benefits equivalent to the same amount by failing to pay KRW 48,180 on the ground that he/she did not pay 48,180 on the ground that he/she did not pay money when he/she arrived at the F in the E-si area where he/she is a destination, after boarding a taxi operated by the victim D on the street in front of the Dong branch line located in the Seoul Metropolitan

B. In light of the past time and agreement after the occurrence of the instant case, when considering the fact that D’s statement on the circumstances at the time of the instant case is deemed more reliable, and that the place where the Defendant was aboard the taxi as indicated in the judgment of the lower court was a motorway, the Defendant appears to have been aware that he did not have money during the process of using other means of transportation, and the Defendant did not possess cash, etc. at the time, and there seems to have been no other means to pay the taxi fee at the time, and there was no other means to pay the taxi fee at the destination, the lower court found the Defendant guilty of the said charges on the grounds that it is reasonable to deem that the Defendant acquired the taxi fee by fraud as indicated in the judgment.

3. The judgment of this Court

A. According to the records and arguments of this case, the following facts are recognized.

① On January 28, 2014, around 03:11, 201, the Defendant boarded a dong-line operated by the victim D in front of the road located in the jurisdiction of the head of the Seoul, and arrived at the F in the Gando-si where the Defendant’s residence was located at the time.

(2) The defendant, after having arrived at a destination, has lost his/her wallets and Handphones to the victim.

유사 판례

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