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(영문) 대구지방법원 안동지원 2019.10.16 2019고정38
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On February 20, 2019, around 04:07, the Defendant called “C” on the front of the “C” road located in Ansan-si B, Dong-si, 2019, the Defendant was boarding the E-si operated by the victim D, and said, “on the front of the vehicle up to 1 exit in Gangnam-gu, Seoul.”

However, the defendant did not have any money at the time, so even if he uses a taxi, he did not have the intent or ability to pay the taxi fee to the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim operate the said taxi up to one exit in the Gangnam-gu; and (c) failed to pay KRW 303,000 to the 303,000,000, thereby acquiring property benefits equivalent to the said amount.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D;

1. Application of Acts and subordinate statutes of written confirmation;

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. Although Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was considerably far away from the sentencing reason of Article 334(1) and did not appear to be against the victim immediately after the crime, the penalty shall be determined by reducing the fine of the summary order by taking into account the following circumstances: (a) payment of the freight after the summary order and submission of documents agreed with the victim; (b) the primary offender; and (c) the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime;

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